As a pre-procedure for labor case litigation, labor arbitration has the characteristics of finality.
The so-called finality of the first award means that after the labor arbitration and the arbitration result, even if the employer is dissatisfied, it can no longer go to the court to file a lawsuit, but not all cases are final.
According to the relevant provisions, disputes over the recovery of labor remuneration, work-related injuries, medical expenses, economic compensation or compensation, which do not exceed the amount of the local monthly minimum wage standard for 12 months" shall be "final".
So does the phrase "not exceeding the local monthly minimum wage standard for 12 months" specifically refer to the employee's application amount or the award amount? Is the calculation based on the amount of each application separately or the sum of the amounts of all applications?
First of all, as to whether to judge whether it is based on the amount of the employee's application or the amount of the award, it has been concluded in practice that it is calculated according to the amount of the award.
As to whether it is calculated separately or according to the sum of the sums, according to the relevant judicial interpretations, it is calculated separately according to the amount of each application.
For example, the monthly minimum wage standard in Nanjing in 2024 is 2,490 yuan, and it is 29,880 yuan for 12 months, and if you apply for labor arbitration, each of which does not exceed 29,880 yuan, then the award is final.
It should be noted that the finality of the first award only restricts the employer, and if the employee is not satisfied with the result, he can still go to the court to file a lawsuit.
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