On The Labor Dispute For Arbitration In The Arbitration System Of Limitation Period

This paper is intended to apply for arbitration of the evolution of the system during the course of time. On one hand, from the microscopic point of view, combined with the period before and after the relevant legal provisions, the author accurately defines the specific historical stage of the statutory limitation period for arbitration name, starting time, the duration, the legal property and other factors using the historical and systematic interpretation; On the other hand, from a macro point of view, the author reveals the different periods of limitation period for arbitration provisions of the law and tradition followed between the relationship to clarify the context and the development of the system evolution.The main contents of this paper are as follows:The first part describes the limitation period for arbitration system of the first phase (June 1950-June 1955). "Ministry of Labor on the provisions of the labor dispute settlement procedures" is representative documents of this stage. At this stage, just the labor dispute arbitration system has just set up and there was no limitation period for arbitration of the law.The second part describes the limitation period for arbitration system of the second phase (July 1955-September 1986 30). At this stage, labor dispute arbitration system abolished, labor dispute cases are not included in the scope of the admissibility of Civil Procedure. During this period, petition is the main way to deal with labor disputes.The third part describes the system of limitation period for arbitration the third phase (October 1,1986 to August 14,1987). "State-owned enterprises to implement the labor contract system, the Interim Provisions" is representative documents of this stage. Arbitration of labor disputes in a "trial for" stage, there is no limitation period on the application of arbitration law. The fourth part describes the limitation period for arbitration system of the fourth stage (August 15,1987 to July 31,1993). "State-owned Enterprises Interim Provisions on the labor dispute" is representative documents of this stage. At this stage, the limitation of the legal name of the application for arbitration as a "complaint time", under normal circumstances a period of 60 days, from the "date of occurrence of the dispute" is counted. Because of "irresistible factors" or "other legitimate reasons," "limitation complaint" suspended.The fifth part describes the limitation period for arbitration system of the fifth stage (August 1,1993 to December 31,1994). "Enterprise Labor Disputes Bill," is representative of this stage of the legal documents. At this stage, the limitation of the legal name of the application for arbitration is "time for arbitration," a period of six months, since the "knows or should know their rights have been infringed on," is counted. Because of "force majeure" or "other good cause", "application validity of arbitration" suspension.The sixth part describes the limitation period for arbitration system of the sixth stage (January 1,1995 to April 30,2008). "Labor Law" is representative documents of this stage. At this stage, the statutory limitation period for arbitration name for the labor administrative authorities call "time for arbitration," the court called "for arbitration period" for a period of 60 days, from the "date of occurrence of labor dispute." counted. Because of "force majeure" or "other good cause", suspended the limitation period for arbitration. For the labor administrative department, admitted that "time for arbitration" in the "workers accept the decision of dismissal or removal from the employer or to the higher authorities to appeal," "for arbitration," "Employers and workers compensation or other disputes due to reach their own settlement agreement "and a few other cases, the occurrence of a de facto" interrupt "the legal effect. For the Court, in the October 1,2006, the recognition in the "claiming rights", "request for relief," "agree to fulfill their obligations," the case "for arbitration during the" break.The seventh departmentdescribes the limitation period for arbitration system of the seventh stage (May 1,2008-present). "Labor Dispute Mediation and Arbitration Law" is representative documents of this stage. At this stage, the statutory limitation period for arbitration name "arbitration time period" for one year, in principle, since the "knows or should know their rights have been infringed on the " Start calculation of arrears of remuneration from the "termination of labor relations Day" is counted. "Arbitration limitation period" occurred suspend, interrupt the case with the "limitation period" are identical. However, when applied, "the date of termination of labor relations," starting "time during the arbitration," the issue, the labor dispute arbitration committee and the Court's approach is confused, to be the new legal documents to be clarified.