Labor Arbitration Assistant
Labor Arbitration Assistant
Cancel

Labor Arbitration Assistant

Salary Details (Past 12 Months)

Please enter your pre-tax gross salary (including base salary, bonuses, commissions, allowances, overtime pay, etc.) for the last 12 months to calculate your average monthly wage.

MonthBase SalaryAllowanceBonusOvertimeSocial Ins.Housing FundIncome TaxTotal
Year-end bonus from last year or current year; part of labor compensation and should be included in the average salary base
Welfare and one-time random payments are generally NOT included in the economic compensation base
Included Items Total --
Excluded Items Total --
Average Monthly Salary --
Average Daily Salary --

Compensation Estimate

Less than 6 months counts as 0.5 year; 6 months to 1 year counts as 1 year
If year-end bonus is a fixed component of labor compensation with contract/company policy basis, it should be prorated upon departure
Severance / Compensation --
Unused Leave Pay --
Overtime Pay --
Year-End Bonus --
Total Compensation --
Disclaimer: This tool provides estimates based on China's Labor Contract Law and related regulations. Actual amounts are subject to the arbitration committee or court decision. If the average monthly salary exceeds 3 times the local average wage of the previous year, the cap applies and years of service are limited to 12.
1

Collect Evidence

  • Labor contract (original or copy)
  • Salary records / payslips (bank statements, tax app records)
  • Social insurance and housing fund records
  • Attendance records, clock-in screenshots
  • Dismissal notice (written, email, WeChat, DingTalk, etc.)
  • Work group chat records (proving employment and dismissal facts)
  • Overtime approval records or notifications

Keep original chat records on your phone; do not delete conversations after taking screenshots.

2

Calculate Compensation

Use the "Compensation Calculator" above to estimate severance pay, unused leave pay, and overtime compensation. Clearly define your arbitration claim amounts.

3

File Arbitration Application

  • Submit to the Labor and Personnel Dispute Arbitration Committee at either the place where the labor contract is performed or the employer's registered location
  • Required materials: Arbitration application (2 copies), ID card copy, evidence copies (number of respondents + 1)
  • The arbitration committee generally decides whether to accept within 5 working days
4

Hearing

  • After acceptance, arbitration generally concludes within 45 days; complex cases may be extended by 15 days
  • Bring all original evidence to the hearing
  • Note: Arbitration proceedings are free of charge
5

Receive the Award

  • If dissatisfied with the award, you may file a lawsuit in court within 15 days of receiving the award
  • For "final arbitration" cases (small-amount disputes), the employer cannot sue, but the employee still can
  • After the award takes effect, you may apply to the court for enforcement

Important Time Limits

  • The limitation period for labor dispute arbitration is 1 year, starting from the date when the party knows or should have known that their rights were infringed
  • Disputes over unpaid wages are not subject to the 1-year limit during the employment relationship, but must be filed within 1 year after termination

Legal References

Labor Contract Law Art. 47

Economic compensation is paid at the rate of one month's salary for each full year of service.

Labor Contract Law Art. 48

Where an employer unlawfully terminates a labor contract, the employee may demand reinstatement or compensation at twice the statutory rate.

Labor Contract Law Art. 87

An employer that unlawfully terminates a labor contract shall pay compensation at twice the rate of economic compensation.

Regulations on Paid Annual Leave Art. 5

For unused annual leave days, the employer shall pay 300% of the daily wage, including the normal wage already paid.

Arbitration Application Generator

Fill in the information below to generate a standard labor arbitration application. You can copy or print the output.

Applicant Information

Respondent (Employer) Information

Employment Information

Arbitration Claims & Facts

Arbitration Committee & Date