Letters from readers. Hello editors!
I used to work as a designer at an advertising agency, and I often worked overtime during my work, but the company basically never paid overtime. At the time of resignation, he had asked the company to pay overtime pay but was unsuccessful. After 10 months, at the suggestion of a friend, he applied to the Labor and Personnel Dispute Arbitration Commission for arbitration, requesting that the company pay overtime pay.
During the arbitration, the Company argued that my claim was time-barred. The arbitral award also ultimately found that my claim was time-barred, and did not support my claim for overtime pay.
How is the statute of limitations for overtime pay determined?I really can't get the overtime pay I deserve?
Mr. Wang, Changsha.
Clarification for you. Hello Mr. Wang!
Article 27 of the Law on Mediation and Arbitration of Labor Disputes stipulates that "the limitation period for applying for arbitration of labor disputes shall be one year. The limitation period for arbitration shall be calculated from the date on which the parties knew or should have known that their rights had been infringed......In the event of a dispute arising from arrears of labor remuneration during the existence of the labor relationship, the employee's application for arbitration shall not be subject to the limitation period for arbitration as provided for in the first paragraph of this Article;However, if the labor relationship is terminated, it shall be filed within one year from the date of termination of the labor relationship. ”
The statute of limitations for arbitration is divided into ordinary arbitration statute of limitations and special arbitration statute of limitations, and if a labor dispute arises due to arrears of labor remuneration during the existence of the labor relationship, the special arbitration statute of limitations shall apply, that is, the arbitration statute of limitations for arrears of labor remuneration during the existence of the labor relationship is not limited by "one year from the date on which the right was known or should have been known to have been infringed";However, if the labor relationship is terminated, it shall be filed within one year from the date of termination of the labor relationship. Overtime pay is labor remuneration, and the special arbitration statute of limitations shall be applied in the settlement of relevant disputes.
Therefore, if you file for arbitration 10 months after the termination of the employment contract, your claim does not exceed the one-year statute of limitations, and the employer should pay you overtime pay. The company's so-called "expiration of the statute of limitations" is not valid. You can file a lawsuit with the people's court.
Lawyer of Hunan Tiandiren Law Firm, Lv Shuai.
*:Worker** The host of this issue is reporter Wang Xin and Fang Dafeng.
Related: