The Research On The Prescription System Of Labour Disputes

In dealing with labor disputes,timeliness is a topic that can not be circumvented.This article discusses the system of limitation of labor disputes.Specifically,the labor dispute limitation system includes two parts: the labor dispute arbitration limitation system and the labor dispute limitation system.The issues involved in the statute of limitation of labor dispute arbitration in this article include: the starting point of the arbitration of labor dispute arbitration,the special limitation of labor dispute arbitration,and the suspension,interruption and extension of the arbitration limitation period.The system of limitation of labor dispute lawsuits includes: whether the period of limitation of labor dispute lawsuits and the confirmation of labor relations shall apply to the limitation system.This article is divided into four parts based on the basic institutional overview,raising questions,analyzing problems and solving problems.The first part of the article introduced the connotation and development history of the labor dispute limitation system.In terms of connotation,this article introduces the concept of labor disputes and the limitation system.Labor disputes are defined in terms of theoretical interpretation and legal regulations.The limitation system mainly narrates from the two aspects of the concept of aging and the legal value of time.In terms of historical development,this article focuses on the arbitration time limitation system for labor disputes.The system has been stipulated by five laws successively and has undergone a process from imperfect to gradual improvement.This article has also explained in order.The second part of the article separately presents the problems in the limitation of labor dispute arbitration and the limitation of labor dispute lawsuits.At the point of time when the arbitration limitation began to be calculated,although the "Labor Dispute Mediation and Arbitration Law" stipulates that the starting point is "the day when the right is known or should have been known," what is "knowing" ? What is "should know?" It is not easy for the parties and the law enforcers to grasp.The problem of suspension of arbitration and limitation of arbitration is that,although the law has stipulated,the provisions are not detailed enough.With regard to the extension of the time limit,the law did not even make provisions.The issue of special limitation of labor dispute arbitration is whether it can be extended to other labor dispute cases in addition to the application of labor compensation.The question of the limitation period for litigation is whether the general period of validity of a civilprocedure law should be applied or is it the judicial interpretation,or is it the year specified in the Labor Dispute Mediation and Arbitration Law? To confirm whether the labor relations should be applied for a limited period of time,the main basis of the supporters comes from the provisions of the existing laws,and the objections of the opponents lie in the fact that the lawsuits for confirmation do not apply to the prescription of limitations.The third part analyzes the problems existing in the limitation of labor disputes.The argument first elaborated on the theoretical basis,and then also collected some of the judges and explained from the perspective of practice.The fourth part gives the final solution.The starting point of arbitration should be uniformly defined as the date of the termination of labor relations;the suspension,interruption,and extension of statute of limitations are recommended by reference to the content of the applicable civil procedure law;the special time limitation of arbitration suggests that the existing provisions be extended to other labor dispute cases..After the foregoing analysis,this paper believes that the time limit for the application of the labor dispute case in the court should be one year,and the conclusion that the labor relationship should not be restrained by the limitation of time shall be confirmed.