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#22  Mar 22, 2013    email version

仲裁时效中断的法律适用

Legal Application of the Interruption of Arbitration Limitation

时效制度的设立在于监督权利人及时行使权利,其实质并非否定权利的合法存在和行使,而是禁止权利的滥用,以维护交易关系(即法律关系)的稳定。

The establishment of arbitration system was to supervise the proper exercise of the rights of right-owners, and its essence was not to deny the existence and exercise of the rights, but to deny the abuse of the rights, so that the stability of legal relationship (i.e. transaction relationship) could be maintained.

  • 仲裁时效的中止、中断
  • The Suspension and Interruption of Arbitration Limitation
  • 如果当事人一方向对方当事人主张权利,或者向有关部门请求权利救济,或者对方当事人同意履行义务,此时,劳动争议的仲裁中断,并且从中断时开始起,仲裁时效期间重新计算。
  • If one party claimed the right from the other party, or applied for rights remedies from the relevant departments, or the other party agreed to fulfill their obligations, the arbitration period for the labor dispute will be terminated and will start from the date of termination.
  • 社会保险的仲裁时效
  • Arbitration Limitation fo Social Insurance
  • 对社会保险各地规定不一,多数地区执行员工在职期间提出补缴保险的可不受仲裁申请期限限制。
  • The regulations on social insurance differ geographically. Most local regulations stipulate that an employee who requests the company to make up for the old-age insurance within the subsistence of labor relations shall not be restricted by the fore-mentioned time limitation.
雇佣动态 / Employment Express
  • 《职业病诊断与鉴定管理办法》公布

    Promulgation of the Administrative Measures for the Diagnosis and Identification of Occupational Diseases

    卫生部日前发布《职业病诊断与鉴定管理办法》,进一步扩大了劳动者选择职业病诊断机构的范围,并明确劳动者在诊断与鉴定过程中享有的权利。

    The Ministry of Health has recently released the Administrative Measures for the Diagnosis and Identification of Occupational Diseases, which will expand the scope of institutions available for employees to diagnose the occupational diseases and further clarify the rights of employees possessed in the diagnosis and identification of occupational diseases.

  • 人社部:医保全国异地就医报销尚无时间表

    The Ministry of Human Resources and Social Security: There is no definite schedule for cross-border national medical reimbursement.

    人力资源和社会保障部副部长胡晓义近日表示,异地就医报销还有很长的路要走,医保全国漫游尚无时间表。

    Xiaoyi, Hu, the Vice Minister of the Ministry of Human Resources and Social Security, has recently claimed that there is still a long way to go off-site cross-border national medical reimbursement, and there is no definite schedule for nationwide medical reimbursement roaming.

  • 人社部:养老金双轨制改革尚无具体时间表

    The Ministry of Human Resources and Social Security: There is no definite schedule for dual-track pension reform

    人力资源和社会保障部副部长王晓初日前表示,多个部门已着手制定收入分配制度改革的相关落实政策,但养老金双轨制改革、社保制度转接等目前尚无具体时间表。

    Xiaochu, Wang, the Vice Minister of the Ministry of Human Resources and Social Security has recently said that a number of departments have been busy with the drafting of policies related to income distributions; however, there is no definite schedule for dual-track pension reform and the transformation of social security system.

  • 人社部:延迟退休总方向明确

    The Ministry of Human Resources and Social Security: The direction for the extension of retirement is quite clear

    人力资源和社会保障部副部长王晓初日前表示,延迟退休制度必将全面推进,目前上海正在探索试点,未来的趋势将全面普及,但是否延迟退休将充分考虑到每个人的工作意愿。

    Xiaochu Wang, the Vice Minister of the Ministry of Human Resources and Social Security has released recently that the extension of the retirement system should be promoted as soon as possible. Currently, Shanghai is exploiting the pilots. And in the future, the pilots will be extended to other places. However, the extension of the retirement system depends on the willingness of each employee.

  • 深圳将把缴公积金写入劳动合同

    The payment of housing provident fund will be incorporated into the collective labor contracts in Shenzhen

    深圳市住房公积金管理中心透露,深圳市住建局和深圳市总工会日前下发《关于做好维护职工住房公积金合法权益工作的通知》,要求工会把住房公积金缴交的内容列入集体合同中。

    The Housing Fund Management Centre in Shenzhen has recently revealed that the Housing Bureau in Shenzhen and the Federation of Trade Union in Shenzhen have recently issued the Working Notice for Safeguarding the Housing Provident Fund of the Employees, which called up the trade union to incorporate the housing provident fund into the collective labor contract.

  • 10%

    中国再次成为亚洲薪酬增幅最大的国家,全球领先的专业招聘集团瀚纳仕近日发布2013年薪酬指南称,在中国,有约半数雇主在过去12个月内为雇员加薪10%以上。

    China has once again become the country with the largest income increase in Asia. Han Nast, the world’s leading professional recruitment group has recently released the Salary Guide in 2013, which stated that about half of the employers have had a 10% salary increase in the past 12 months for the employees.

  • 35%

    智联招聘近日发布《2013春季职场才情报告》。报告显示,2013年有跳槽意愿的求职者比去年同期增长35%,销售类、行政类、生产类职位是跳槽热门职位。

    Zhilian Zhaopin has recently released the Workplace Talented Report in 2013 Spring. The Report shows that in 2013, 35% of the job seekers are willing to quit and find the new position over the same period compared with last year. Sales, administrative and production are the most popular positions.

  • 1.15

    截至今年2月,广东省人力资源与社会保障厅调研了解的全省人力资源市场求人倍率为1.15。但广州市人力资源市场服务中心调研了解的广州求人倍率节后持续徘徊在1.23-1.24之间。

    As of February 2013, the Department of Human Resources and Social Security in Guangdong Province has researched that the opening rate for human resource market in Guangdong Province is 1.15. However, the opening rate for human resource market in Guangzhou done by the Market Service Center for Human Resources in Guangzhou City has been hovering as at between 1.23-1.24.

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