What is the statute of limitations for social security arbitration

Legal analysis: Although the one-year statute of limitations applies to disputes over social security premiums in the arbitration department, workers can still complain to the administrative department of labor security or the social security department to safeguard their legal rights if the employer has omitted to pay less. If the time limit for arbitration is exceeded, the worker should consider whether there is a possibility that the time limit may be interrupted or suspended in order to defend against exceeding the time limit for arbitration. In both cases, the interruption of the time limit is more practical and feasible, and the worker can seek to obtain the effect of the interruption of the time limit by claiming his rights from the employer or through negotiation.

Legal basis: "Rules for Arbitration of Labor-Management Disputes"

Article 26 The limitation period for applying for arbitration of disputes stipulated in Article 2(1), (3), (4) and (5) of these Rules shall be one year. The limitation period for arbitration shall be calculated from the date when the parties knew or should have known that their rights had been infringed upon.

The limitation period for applying for arbitration for the disputes stipulated in Article 2(2) of these Rules shall be governed by the relevant provisions of the Civil Service Law.

Where a dispute arises during the existence of a labor-management relationship due to arrears of labor remuneration, the worker's application for arbitration shall not be subject to the limitation period for arbitration stipulated in the first paragraph of this Article; however, in the case of termination of the labor-management relationship, it shall be filed within one year from the date of termination of the labor-management relationship.

Article 27 Within the period of limitation for applying for arbitration, the period of limitation for arbitration shall be interrupted under any of the following circumstances:

(1) Where a party claims its rights from the other party by way of negotiation, application for conciliation, etc.

(2) Where a party requests for relief of its rights by way of filing a complaint with the relevant department, applying for arbitration with the Arbitration Commission, suing the People's Court or applying for an order for payment, etc. request for relief of rights;

(c) the other party agrees to fulfill the obligations.

From the time of interruption, the period of limitation for arbitration is recalculated.

Article 28 If the parties are unable to apply for arbitration within the prescribed period of limitation for arbitration due to force majeure, or if there are other justifiable reasons such as the legal agent of the worker with incapacity for civil behavior or restricted capacity for civil behavior has not been determined, the period of limitation for arbitration shall be suspended. The period of arbitration limitation shall continue to be calculated from the date when the reason for suspension of limitation is removed.

Article 29 The claimant applying for arbitration shall submit a written application for arbitration and copies in accordance with the number of respondents.

The application for arbitration shall contain the following matters:

(1) the worker's name, sex, date of birth, identity document number, residence, correspondence address and contact telephone number, and the name, residence, correspondence address, contact telephone number of the employing organization, as well as the name and position of the legal representative or the principal person in charge;

(2) the request for arbitration and the facts and reasons on which it is based ;

(iii) evidence and sources of evidence, names and residences of witnesses.

If there are difficulties in writing the arbitration claim, the claim may be made orally, and the Arbitration Commission shall make a record of it, which shall be confirmed by the applicant's signature, seal or imprint.

If the application form is not standardized or the materials are not complete, the Arbitration Commission shall inform the applicant of all the materials that need to be corrected, either on the spot or within five days.

The Arbitration Commission shall issue an acknowledgement of receipt of the materials submitted by the parties.