Research On The Limitation System Of Labor Dispute Arbitration

In recent years,although China has made great progress in the establishment of a time limit system for labor dispute arbitration,there are still shortcomings.In practical applications,the same type of labor dispute cases sometimes appear with different judgment standards,which has seriously affected the justice and authority of China's justice.In addition,due to the influence of many realistic factors,workers who are parties to a labor dispute are usually in a disadvantaged position.The shortcomings of the limitation system of labor dispute arbitration not only lead to the inability of workers' rights to be well protected,but may even be limited to some extent.To an extent it places unnecessary burdens on workers.Therefore,it is very necessary to explore and make recommendations on the current limitation system of labor dispute arbitration in China.This article consists of three parts,the specific content is as follows:The first part is the elaboration of the basic theory of the limitation system of labor dispute arbitration.This part outlines the concept and characteristics of the limitation period of labor dispute arbitration,analyzes the relationship between the limitation period of arbitration and the limitation period of litigation;and then sorts out different theories of the limitation period of labor dispute arbitration.The theory of special aging,eradication of aging,and the analysis of eradication of aging.The second part summarizes the current regulations and specific problems of the limitation system of labor dispute arbitration in China.Among them,the main issues include unclear starting point of arbitration limitation,short period,incomplete suspension and interruption,flawed application of special arbitration limitation law,labor arbitration agencies' unreasonable review regulations after expiration of arbitration limitation,and arbitration How to effectively link the limitation period with the limitation period in litigation?The third part puts forward suggestions to improve China's labor dispute arbitration limitation system.First of all,regarding the starting point of disputes,the "date of knowing or ought to know that their rights were infringed" is still the starting point of the statute of limitations of labor disputes,but at the same time based on some special types of labor disputes,such as double wages,compensation for work injury,etc.Set different starting points;secondly,the relevant period is short,and the appropriate extension of the arbitration limitation period is two years;in addition,regarding the suspension issue,you can refer to the relevant provisions of the application of the limitation period of litigation;and the interruption of the arbitration limitation period should be further regulated Relevant regulations;then,regarding the narrow scope of special arbitration limitation,labor disputes such as overtime wages and annual vacation compensation should be appropriately included in the scope of special arbitration limitation;in addition,there are provisions for review by labor arbitration institutions after the arbitration limitation has expired Defects can be combined with the legal effects after the completion of the statute of limitations,and from the perspective of fully protecting the rights and interests of the laborer,new review regulations are set up.Finally,regarding the effective link between the statute of limitations of labor disputes and the statute of limitations of labor,the people's court is required to Not in proceedings Active review time limitation of arbitration,as well as regulate aging defenses of the parties in arbitration proceedings exercised.