China labour arbitration after leaving: the one-year limit, wage exception and filing steps

The general year and the unpaid-wage exception

Article 27 of the national Labour Dispute Mediation and Arbitration Law gives a general one-year limitation from when you knew or should have known the right was infringed. Different claims can have different starting events; leaving employment does not restart every earlier claim. For unpaid labour remuneration during an existing employment relationship, the usual one-year restriction does not apply while that relationship continues. Once it ends, that unpaid-remuneration claim must be brought within one year of the ending. Dismissal compensation, statutory damages, unused-leave disputes and missing-contract double wages should be classified separately rather than automatically treated as ordinary unpaid wages.

Build a claim-by-claim deadline sheet

For every item write: what you request, the period and amount or remedy, the event establishing infringement, when you learned of it, and any supported interruption or suspension. Example: employment ends on 15 September 2026 with unpaid ordinary wages. For planning, treat the termination anniversary as the outer one-year reference and aim to submit by 14 September 2027 or earlier rather than waiting to debate the last day. A different bonus refusal known before departure requires its own date analysis. If the employment-end date is disputed, preserve both dates and plan against the earlier plausible deadline until the issue is clarified. This is conservative scheduling, not an extension of a legal deadline.

What can interrupt or suspend the period?

Article 27 recognises interruption where you assert rights against the other party, request relief from a relevant authority, or the other party agrees to perform its obligation; the period then runs anew from the interruption. A documented demand for the specific unpaid item and proof the employer received it are stronger evidence than an undocumented discussion. Suspension concerns inability to apply because of force majeure or other justified reasons; after the cause ends, the period continues. Negotiating, awaiting HR’s response or making a general advice call is not a safe assumption that time has stopped. Record the precise request, recipient, date and response, and obtain a case-specific assessment where reliance on interruption is necessary.

Choose the committee and the actual submission method

Article 21 generally permits filing at the labour-contract performance location or the employer’s location; if both parties apply at those two locations, the performance-location committee has jurisdiction. Identify the employer’s legal name and registration details, not only a shop or brand name. Ask the relevant committee for its current filing channel, required copies and how it issues receipts. A platform used to draft a form or request mediation is not automatically an accepted arbitration filing. With an imminent deadline, confirm the actual receipt of a compliant application and respond promptly to any correction notice. Arbitration itself is free under Article 53.

Turn records into an application and evidence index

Prepare the signed application, identity document, employer identification, proof of employment, chronology, itemised calculation and the documents for each claim. Article 28 requires party details, the claim, facts and reasons, and evidence sources. The 2017 Arbitration Case Handling Rules require a receipt when materials are collected. Keep numbered evidence and explain what each item proves: a contract establishes terms; a wage statement establishes recorded pay; a bank record establishes receipt; a notice establishes the stated ending. For records held by the employer, identify the specific document and period you ask the committee to require. A screenshot should retain sender, time and context.

An example request with a clear amount

Hypothetical example: records show 8,000 yuan of ordinary gross wages due for August 2026, no listed personal deductions in this example, and only 6,500 yuan paid. The disputed amount is 1,500 yuan. A draft item could say: “Order [legal employer name] to pay the unpaid ordinary wage balance of 1,500 yuan for August 2026,” followed by the contract, statement and payment evidence. If the 6,500 is a net payment after legitimate deductions, first reconcile those deductions before claiming the same difference. State compensation or leave amounts as separate claims with their own formulas. The wording should be adapted to actual facts; it is not a promise of an award.

After filing: track notices and the next deadline

Keep the collection receipt and acceptance or correction notice. The case-handling rules specify five working days for the acceptance decision; the ordinary 45-day decision period from acceptance and extension of up to 15 days for complexity are calendar-day periods, subject to the applicable exclusions or recalculation rules. These are procedural periods, not a guaranteed payment date. Attend hearings and keep proof of service. If you receive an award and intend to challenge it, the worker’s court-filing period is generally 15 days from receipt under Articles 48 or 50, depending on the award. Other parties and remedies can use different routes. If an effective award is unpaid, identify the enforcement process rather than reopen the same complaint informally. Preserve the received date of every formal document.

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