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1995年1月1日开始实施的《中华人民共和国劳动法》及其相关法规对劳动争议仲裁申诉时效规定的甚为简略,难以有效维护劳动者的合法权益。现实中,许多劳动争议案件的当事人,其申诉事实清楚,证据充分,却输了官司,为什么?只因相关的时效制度规定不甚合理,导致其维权请求超出了劳动争议仲裁申诉时效,而使自己得不到法律救济。为此,本文对我国劳动争议仲裁申诉时效做一简要论述。一、关于劳动仲裁申诉时效的起算点《劳动法》第82条规定:“提出仲裁要求的一方应当自劳动争议发生之日起60日内向劳动争议仲裁委员会提出书面申请。”劳动部在《关于贯彻执行〈劳动法〉若干问题的意见》[1995](劳部发309号)第85条做出解释:“劳动争议发生之日是指当事人知道或应当知道其权利被侵害之日”。此解释与《民法通则》确定的诉讼时效的起算点是一致的。笔者认为,把当事人知道或应当知道其权利被侵害之日作为劳动仲裁申诉
The Labor Law of the People's Republic of China and its relevant laws and regulations, which came into force on January 1, 1995, have very simple provisions on the prescription of limitation of claims for labor dispute arbitration and can not effectively safeguard the legitimate rights and interests of workers. In reality, many parties to labor dispute cases have clear and sufficient evidence of their appeals, but they have lost their cause. Why? Just because the relevant prescription of limitation system is not reasonable and causes its claim of rights to go beyond the limitation of time for arbitration in labor dispute arbitration, I do not get legal relief. For this reason, this article makes a brief discussion on the limitation of arbitration in labor dispute in our country. I. Commencement on Limitation of Complaints on Labor Arbitration Article 82 of the Labor Law stipulates: “A party that makes an arbitration claim shall, within 60 days from the date of the labor dispute, file a written application to the Labor Dispute Arbitration Commission.” The Ministry of Labor Article 85 of Opinions on Several Issues Concerning the Implementation of the Labor Law [1995] (Labor Ministry No. 309) explains: “The date when a labor dispute occurs means that the party knows or ought to know that his rights have been violated ”. This explanation is consistent with the starting point of the statute of limitations determined by the General Principles of Civil Law. The author believes that the parties know or should know the date of their rights infringement as a labor arbitration complaint