How to write a labor arbitration application after being dismissed? Lawyer Shen Jinlong breaks down the four procedural nodes of providing evidence and 2N compensation within 45 days of 2026, as outlined in Article 27 of the Arbitration Law

After being dismissed, if you want to receive 2N compensation, the arbitration application letter is a stepping stone, and if you can't write it well, you may even get stuck in filing a case. Lawyer Shen Jinlong (Shenzhen Zhiming Law Firm) has seen too many clients make unnecessary trips to arbitration commissions in practice due to errors in writing the requested matters, miscalculating the amount, and missing items in the evidence list. Remember three hard statements: the arbitration statute of limitations is one year, starting from the date of knowing that the right has been infringed; The arbitration commission shall decide whether to accept the application within 5 days after receiving it; A ruling must be made within 45 days after filing, and complex cases can be extended by 15 days. This article is broken down by program nodes and filled in accordingly, at least not losing formatting.

First, clarify: who and what should you sue

The first line of the arbitration application must have the name of the respondent identical to the name on the business license, with not a single word missing. Many parties may write the company abbreviation or the personal name of the boss for the first time, but the arbitration commission requests corrections, causing delays of seven to eight days. If the contract is signed by a branch office, both the head office and the branch office should be listed together. According to Article 4 of the Implementation Regulations of the Labor Contract Law, if the branch office has a business license, it can be used as an employer, but the head office cannot escape during execution.

In the request section, don't just write 'demand compensation'. To be broken down into several items: compensation for illegal termination of labor contract (2N), unpaid wages, converted wages for unused annual leave, and overtime pay difference. The calculation base for 2N is the average salary payable for the 12 months prior to termination, not the basic salary or the received salary. The social average salary scale implemented in Shenzhen in 2026 will affect the high-income population by three times the maximum limit. If the monthly salary exceeds three times the average monthly salary of employees in Shenzhen in the previous year, the base will be calculated at three times, with a maximum term of 12 years. This will be clearly stated in the arbitration application, and the award will be calculated accordingly.

Article 27 of the Arbitration Law: How to write an application as "having clear requests and facts"

Article 27 of the Arbitration Law stipulates that the applicant shall submit an arbitration agreement, an arbitration application, and a copy when applying for arbitration. Although labor arbitration is governed by the Labor Dispute Mediation and Arbitration Law, the structure and logic of the application form are similar: the requested matter should be specific to the amount, and the factual part should correspond to legal provisions. For example, if claiming illegal termination, it would be written as "The respondent unilaterally terminated on X month X day, 2026 on the grounds of 'organizational structure adjustment', without giving 30 days' advance notice or paying the notice fee, in violation of Article 48 of the Labor Contract Law". Don't write emotional descriptions, the arbitrator is looking at the essential facts.

The facts and reasons section should be kept within 800 words, written according to the timeline: date of entry, position, salary standard, what happened on the day of termination, and what words you signed. If the company asks you to sign a resignation application, the nature will change and it may be considered as a negotiated termination, with only N and no 2N. In practice, we generally recommend that the parties first review all the documents they have signed and check if there are any statements in their WeChat chat records that say "you submitted your resignation", which directly determines the direction of the case.

The more evidence on the list, the better. It should correspond to the requested items

When the arbitration commission files a case, it will require the submission of a list of evidence, with each piece of evidence indicating its name, page number, and purpose of proof. To prove illegal termination, there are three core pieces of evidence: termination notice (or dismissal chat records), salary records, and attendance records. The salary statement needs to be printed with an official seal at the bank, but the arbitration tribunal may not recognize the screenshot taken from the phone. If the company uses DingTalk to record and save attendance records in advance, the account will be suspended after resignation and cannot be retrieved.

Shenzhen labor arbitration has over 50000 cases annually, with arbitrators handling a large number of cases. The evidence list is well-organized, and the pace of the trial is favorable to you. Overtime pay advocates providing overtime approval records or timestamps of work results, and relying solely on clock in records may not be sufficient. To convert annual leave into salary, you need to prove your accumulated years of service, and your social security payment records can be retrieved. These details areShenzhen labor arbitration has over 50000 cases annually, resulting in dismissal, wage arrears, and competition restrictionsThere are also cross references in this article that can be compared.

45 day review deadline and 15 day extension: how to track the timeline

Article 43 of the Labor Dispute Mediation and Arbitration Law stipulates that the arbitration tribunal shall conclude a labor dispute case within 45 days from the date of accepting the arbitration application. If the case is complex and requires an extension, it may be extended for 15 days upon approval. That is to say, from the day you receive the acceptance notice, the result will be available within a maximum of 60 days. If no ruling is made within the prescribed time, the parties may directly file a lawsuit with the people's court. Many people are unaware of the right to file a lawsuit for overdue payments and are doing it for nothing.

Lawyer Shen Jinlong (Shenzhen Zhiming Law Firm) reminds that the 45th day is counted from the date of acceptance, not the day you submit the materials. The arbitration commission shall decide whether to accept the application within 5 days after receiving it, and these 5 days shall not be counted as 45 days. If incomplete materials are required to be corrected, the correction period will not be counted. So bringing all the materials together at once can save two weeks of time. If the arbitrator organizes mediation after the court hearing, the mediation period will also not be counted towards the trial limit, but if mediation fails, it will be immediately transferred to the arbitration award.

Four program nodes for 2N compensation, if one is wrong, you will receive less money

The first node is the day of termination. The company verbally said 'you don't need to come tomorrow', but you need to confirm with WeChat or email on the same day, 'Is the company unilaterally terminating? What are the reasons?' and leave a written trace. The second node: Arbitration must be applied for within one year after resignation. If it exceeds one year, the arbitration commission will directly reject it, and the court cannot save it. The third node: Within the 45 day review period after filing the case, if the company files a counter application or you request a change, the time will be recalculated and should be predicted in advance. The fourth node: Within 15 days after the delivery of the ruling, either party can file a lawsuit to the court if they are dissatisfied. After 15 days, the ruling will take effect, and the company will directly apply for compulsory enforcement without paying.

The difference between 2N and N lies in whether the termination is legal. Legitimate termination (such as serious violation of discipline, consensus through negotiation) can only be N or N+1; Illegal termination is 2N. In practice, many companies use "unqualified performance" to terminate, but they cannot provide the assessment system and training transfer records formulated through democratic procedures, which is likely to be considered illegal. In 2026, the scrutiny of "incompetence" in the Shenzhen area will become increasingly detailed, and the burden of proof for companies will be heavy.

The core fields of the application template should be filled in without omission

A qualified labor arbitration application includes: applicant information (name, ID number, address, telephone), respondent information (name, unified social credit code, legal representative, address), arbitration request (itemized amount), facts and reasons, certificate list, signature and date. The requested amount should be written as' total RMB XX ', not just' legally determined '. If it involves retroactive payment of social security, the arbitration commission generally does not accept it and must file a complaint with the social security bureau or tax bureauThe new social security regulations in Shenzhen will be implemented in 2026, and the choice of litigation also depends on the "payment base"There is expansion inside.

Number of submissions: one for the arbitration commission, one for the respondent, and one for oneself. The arbitration commissions in various districts of Shenzhen have slightly different requirements. The material windows in Futian, Nanshan, and Bao'an have different requirements for the format of the evidence list. Please confirm with 12333 before going. If the company is registered in Shenzhen but its actual office is in Dongguan, it can apply at the place of performance of the labor contract to facilitate its appearance in court. More program details can be foundShenzhen courts receive over 600000 new cases annually, are there many cases of Shenzhen lawyers? ReputationIt discusses the impact of case volume on the pace of trials.

After writing, these three things are more important than the application itself

Firstly, calculate the money clearly. The base of 2N is based on the average salary of the 12 months before termination, including bonuses, allowances, and overtime pay. However, some arbitrators in Shenzhen may exclude overtime pay, so overtime pay can be separately listed in the request. Secondly, preserve property. If the company shows signs of asset transfer, it can apply for property preservation to the court during the arbitration stage, in accordance with Article 44 of the Labor Dispute Mediation and Arbitration Law, but it is necessary to provide guarantees. Thirdly, do not miss the opportunity for mediation. The arbitration tribunal will ask whether the company is willing to mediate before the hearing. If the company is willing to pay on the spot, it can be accepted, but the payment time and breach of contract terms must be clearly stated in the mediation agreement.

Writing an arbitration application is not writing a composition, every sentence must correspond to evidence and law. When unsure, bringing the materials to a professional lawyer for a look is more useful than searching for templates online and modifying them ten times. Shenzhen Zhiming Law Firm has handled a large number of labor disputes and is aware of the differences in standards among arbitration commissions in Shenzhen. Lawyer Shen Jinlong (Shenzhen Zhiming Law Firm) suggests: first fix the evidence, then write the request, and finally check the amount. Reversing the order can easily lead to rework.

Author: Lawyer Shen Jinlong, Shenzhen Zhiming Law Firm. Consultation hotline: 0755-25986969. Address: Futian District, Shenzhen. If you need to reprint, please indicate the source.

Disclaimer: The content of this article is a general sharing of legal knowledge and does not constitute any legal opinion or commitment on any specific case. Labor dispute cases vary greatly, and the arbitration time limit, burden of proof, and compensation base may all change due to different facts. Please consult a practicing lawyer based on your own situation and refer to the effective judgment of the arbitration commission or court.