Job Recruitment Website - Social security inquiry - How to calculate the claim limit of social insurance arbitration?

How to calculate the claim limit of social insurance arbitration?

Insurance Bian Xiao helps you answer, and more questions can be answered online.

You can apply to the court for prosecution.

Article 27 of China's Labor Dispute Mediation and Arbitration Law stipulates that the limitation period for applying for labor dispute arbitration is one year. The limitation period for arbitration shall be counted from the date when the parties know or should know that their rights have been infringed. Paragraph 4 of Article 27 of the Labor Dispute Mediation and Arbitration Law stipulates that if there is a dispute over the arrears of labor remuneration during the existence of labor relations, the employee's application for arbitration is not limited by the limitation period of arbitration stipulated in paragraph 1 of this article; However, if the labor relationship is terminated, it shall be proposed within one year from the date of termination of the labor relationship.

As can be seen from the above provisions, the limitation of labor dispute litigation is 1 year, counting from the day when you know or should know that your rights have been infringed; For those who are in arrears with labor remuneration, special provisions shall apply, that is, the calculation point of 1 year shall be calculated from the date when the employee leaves the company.