劳动争议案件管理时效、时限常见问题解析（The time limit of labor dispute case management time and time limit common problem analysis）.doc

劳动争议案件管理时效、时限常见问题解析（The time limit of labor dispute case management time and time limit common problem analysis） ????? Annual leave limitation ????? Article 5 of article 5 of the regulations on the annual leave of paid annual leave of employees shall be paid in accordance with the provisions of paragraph 3 of paragraph 3 of article 5 of the regulations on the annual leave of absence of the employee. The unit shall pay the annual leave salary of 300% of the daily wage of the employee. In practice, some units for workers did not take annual leave will be paid compensation to the employee in time, but more often, unit of choose and employ persons did not arrange laborer to Sue annual leave, nor to laborer wages to pay 300% of the annual leave. So in this case, the laborer pays the employer to pursue the annual leave salary pay, should apply the general limitation of the year of labor dispute, or the special limitation of applicable labor remuneration? ????? In general, what we call labor remuneration is the price paid by laborers for physical or mental work, which reflects the social value created by the workers. Here is 300% pay annual leave pay pay by unit of choose and employ persons did not arrange the annual leave shall be a legal responsibility, difference between this point and double time similar disputes, is subject to the general aging of the year, and should not apply special limitation of labor remuneration. ????? Ii. Labor remuneration (including overtime pay, limitation, period of physical examination) ????? In practice, the time limit for labor remuneration of the employer may be short, only two or three months, and it may be long term and long. So, if the laborer pays the unit to the unit, does the court make a physical examination of the labor remuneration within the entire period? ????? It is generally believed that law just require proof of unit of choose and employ persons to pay pay for two years the preservation of obligation, therefore, if the re