劳动仲裁时效制度若干问题思考

劳动仲裁时效是督促权利人及时行使权利的一种法律制度。仲裁时效从当事人知道或应当知道其权利被侵害之日起计算。权利人不及时行使权利超过仲裁时效的 ,失去仲裁胜诉权 ,但不必然失去胜诉权。当事人因不可抗力或者其他正当理由超过规定的申请仲裁期限应视为时效中止 ;如果在时效进行当中出现了当事人行使权利的事实 ,就必须停止时效的进行并使已经过的时效期间归于无效。

Thoughts on the Problems of Limitation of Labour Arbitration

The limitation of labour arbitration is a kind of law system that is expected to urge obligee to exercise their rights. The starting point of it is the moment when litigant know or should know the disturbance of his rights. If the litigant can't exercise his right within it, he will lose the right of prevailing arbitration, but it is not inevitable. It's abatement of limitation that the litigant goes beyond the length of the limitation period; if during the limitation period exist some facts of exercising right, the limitation period must be abated immediately and make it no effect.