Effectiveness for a given period of time of appeal of labor dimension authority
From;    Author:Stand originally
  • Electric Shanghai labor will ensure xinhua net Shanghai on Feburary 6 the branch was given out to broad laborer a few days ago remind, laborer gets in oneself rights and interests when enroach on, do not ignore legal 60 days appeal effectiveness for a given period of time, lest " expire become invalid " affect what close right increase to oneself to safeguard.

    Data shows, 2005, because the labor dispute that Shanghai exceeds 10 % exceeds the appeal effectiveness for a given period of time that law provides and be not accepted. Concerned expert points out, report of this one word gives a more general issue, such case is to be in Shanghai not only, also go up personally in each district laborer happen. As a result of all sorts of reasons, they often fail seasonable appeal, when waiting for a plan to go to law< , do not know to had exceeded legal effectiveness for a given period of time however, lost the chance that thought fors the time being.

    The reporter arbitrates from Shanghai committee is learned, labor dimension authority appears " expire become invalid " case basically has two kinds: It is home a lot of laborer do not know labor dispute applies for the arbitration to should be in 60 days in mention, when when understanding to be late already; 2 it is partial laborer leaves former unit to arrive after new unit work, discovery former unit did not give him sufficient specified number pay or not on time pay company insurance cost, although some are interrogative, did not put forward in time again however.

    Our country " labor law " regulation, laborer " since the day that ought to produce from labor dispute inside 60 days " offer the arbitration. According to the explanation, "Ought to " it is to show the rights and interests that know from laborer or ought to know oneself is calculated since the day of enroach on. For example, the unit did not pay laborer salary or work overtime salary, not pay society insurance premium, laborer rises from the day that know or ought to know, should mention inside legal time limit arbitral, because a variety of reasons can be in what after leaving an unit, solve through legal approach only, application mentions inside 60 days when also must rise in the day that leaves an unit.

    For this, concerned expert warns the broad worker that includes a city to build a farmer to be versed in inside, once discover oneself rights and interests suffers enroach on to be about,inform against in time, appeal, do not know perfectly well unit of choose and employ persons " back pay is owed protect " , still choose " chase after firewood to pull the end of the year " , this kind of unwise practice is in an unfavorable situation probably.

    In addition, the expert still reminds, some laborer hold fluky mentality, although exceed effectiveness for a given period of time,think, arbitral appoint do not grant to accept, still can tell a court again. Little imagine, laborer goes again right now forensic to lodge a complaint, some just appeals to authority and not be to win the lawsuit authority, the court rejects litigant request because of exceeding appeal effectiveness for a given period of time probably still. Below this kind of circumstance, although the rights and interests of laborer suffers enroach on truly, behoove is protected, cannot get strong support of law possibly also.
    Previous12 Next