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Can apply for labor arbitration after leaving the social security compensation
After resignation, according to the "Chinese People's **** and the State Labor Dispute Mediation and Arbitration Law" stipulates that no more than the statute of limitations for applying for arbitration can apply for labor arbitration. So can you apply for labor arbitration after leaving your job? Article 27 The limitation period for applying for arbitration of labor disputes is one year. The limitation period shall be calculated from the date when the parties concerned know or should know that their rights have been infringed upon. The period of limitation for arbitration as stipulated in the preceding paragraph shall be interrupted by the party asserting its rights to the other party or requesting for relief from the relevant authorities, or the other party agreeing to fulfill its obligations. From the time of interruption, the period of limitation for arbitration shall be recalculated. If, due to force majeure or other justifiable reasons, the parties are unable to apply for arbitration during the period of limitation for arbitration provided for in paragraph 1 of this Article, the period of limitation for arbitration is suspended. The period of limitation for arbitration shall continue to be calculated from the date when the reason for the suspension of the limitation period is removed. Where a dispute arises during the subsistence of a labor relationship over arrears of labor remuneration, the worker's application for arbitration shall not be subject to the limitation period for arbitration provided for in the first paragraph of this Article; however, where the labor relationship is terminated, the application shall be made within one year from the date of termination of the labor relationship.
Legal Objective:Article 2 of the Law of the People's Republic of China on Mediation and Arbitration of Labor Disputes Article 2 of the Law of the People's Republic of China on Mediation and Arbitration of Labor Disputes applies to the following labor disputes between employers and laborers within the territory of the People's Republic of China:
This Law applies to the following labor disputes between employers and laborers in the territory of the People's Republic of China:
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