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申请劳动仲裁应重管理时效(Application for labor arbitration shall be governed by the time limit).doc

发布:2017-07-16约7.98千字共7页下载文档
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申请劳动仲裁应重管理时效(Application for labor arbitration shall be governed by the time limit) On March 1, the most effective and direct method of the workers rights protection is to apply for labor arbitration. However, in the practice of arbitration, due to the short time of labor arbitration, workers tend to exceed the time limit for all kinds of reasons, resulting in the loss of the opportunity of legal rights protection. Details of the case: Mr. Zhou, who lives close to tanggu, is an employee of a company. In October 2010, Mr. Zhou submitted a labor dispute arbitration application to the labor dispute arbitration committee of the company. In the arbitration application, Mr. Zhou said that from November 1, 2006, to August 23, 2009, he worked overtime for 141 days per Saturday. He asked the company to pay the overtime pay a total of 14982 yuan, at the same time requires companies to pay due to refused to pay their overtime and caused by not full specified amount pay their social insurance premiums of his departure economic compensation of 5040 yuan. At the request of Mr. Zhou, the party said that the arbitration period for arbitration is a year under the arbitration of labor disputes. Mr. Zhous arbitration request, the time of production and the time of the complaint exceeds the time limit of labor dispute arbitration, and requests the arbitration tribunal to reject Mr. Zhous request for arbitration in accordance with the law. As for Mr. Zhous request to pay economic compensation, the company said Mr. Zhou resigned from the company for his own reasons, so the company should not pay the economic compensation. The company submitted the resignation report written by Mr. Zhou at the time, and the salary payment records were issued to support his claim. Mr. Zhou has no objection to the companys resignation report and the authenticity of employee turnover review. The evidence shows that Mr. Zhou should have been working for the company in November 2007, and in his resignation rep
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