Section 2 Application and Acceptance

Article 27 The limitation period for application for arbitration of a labor dispute is one year, which shall be calculated from the date a party comes to know or is expected to known the infringement of its rights.

The limitation period for arbitration as prescribed in the preceding paragraph shall be discontinued when one party claims its rights against the other party or requests the relevant department for remedy, or when the other party agrees to perform its obligations. The limitation period for arbitration shall be calculated anew from the time of discontinuance.

Where, due to force majeure or for other justifiable reasons, the party fails to apply for arbitration within the limitation period for arbitration as prescribed in the first paragraph of this Article, the limitation period for arbitration is suspended, calculation of the limitation period for arbitration shall continue from the date the reasons for suspension disappear.

Where, during the existence of the labor relations, a dispute arises over the default in payment of labor remuneration, application for arbitration by the worker concerned shall not be restricted by the limitation period for arbitration prescribed in the first paragraph of this Article. However, where the labor relations are terminated, such application for arbitration shall be submitted within one year from the date the labor relations are terminated.

Article 28 To applying for arbitration, the applicant shall submit a written application for arbitration and submit duplicates of the application according to the number of the respondents.

In the application for arbitration shall clearly be stated the following matters:

(1) name, gender, age, occupation, working unit and domicile of the worker, title and domicile of the employing unit, and name and position of the legal representative or the principal leading person;

(2) the claims for arbitration and the facts and reasons on which the request is based; and

(3) evidence and the source thereof, and name and domicile of the witness.

Where the applicant has difficulty in writing an application for arbitration, he may make an oral application, which shall be transcribed by the labor-dispute arbitration commission and be made known to the other party.

Article 29 The labor-dispute arbitration commission shall, within five days from the date it receives the arbitration application, accept the application and notify the applicant of its acceptance, if it considers that the application meets the conditions for acceptance; otherwise, it shall notify the applicant in writing that it shall not accept the application and state the reasons. Where the labor-dispute arbitration commission rejects an application or fails to make a decision within the specified time limit, the applicant may initiate a litigation to a people's court with respect to the labor dispute in question.

Article 30 The labor-dispute arbitration commission shall, upon acceptance of an application for arbitration, serve a duplicate of the said application on the respondent within five days.

The respondent shall, upon receipt of the duplicate of the arbitration application, submit a statement of defense to the labor-dispute arbitration commission within 10 days. The labor-dispute arbitration commission shall, within five days after it receives the statement of defense, serve a copy of the statement of defense on the applicant. Failure on the part of the respondent to submit a statement of defense shall not affect the arbitration procedure.