劳动争议案件管理时效、时限解析（The limitation and time limit of labor dispute case management）.doc

劳动争议案件管理时效、时限解析（The limitation and time limit of labor dispute case management） The basic concept of aging time and time limit Limitation of labor dispute, namely our daily labor dispute arbitration referred to in the application limitation, refers to the labor relations in the rights have been infringed upon, the parties fail to exercise the rights in the statutory limitation period, when the expiration of the limitation period, labor dispute arbitration committee and the peoples court for the obligees rights are no longer protection legal system. Within the limitation of laws and regulations of the arbitration application, the request to the right holder, the holder of the labor dispute arbitration committee and the peoples court to the entity of rights protection, but the legal prescription of the arbitration application after the expiration of the period, the obligee to exercise his right of claim of labor dispute arbitration commission and the peoples court will no longer be protected, i.e. the obligee lost his right of appeal. Article 27 the first paragraph of article 27 of the arbitration law on labor dispute mediation of the Peoples Republic of China stipulates that the limitation period of the application for arbitration shall be one year. The time limit for arbitration shall be calculated from the date when the parties know or should know the infringement of their rights. Article 27 in the fourth paragraph, the labor relationship shall not be subject to the limitation of the time limit stipulated in the first paragraph of this article due to the dispute over the payment of labor remuneration. However, the termination of labor relations shall be submitted within one year from the date of the termination of labor relations. According to the above provisions, the limitation of the arbitration application for labor dispute is divided into two categories. One class is the special limitation of payment of labor, the term of labor relationship is indefinite, and