After the implementation of the new regulations on labor dispute arbitration, Lawyer Li Wei interprets the application criteria of the Shenzhen Human Resources and Social Security Bureau's 30 day trial deadline and the final judgment of the first instance in 2026, as well as the connection point between the worker's lawsuit

After the implementation of the new regulations, the time limit for labor arbitration in Shenzhen from acceptance to award generally does not exceed 30 days. The scope of application of the final award has indeed been expanded, but the connection node for workers to sue has not changed - they can file a lawsuit with the court within 15 days from the date of receiving the award, and the award will take effect if it is overdue. What really needs to be closely monitored are: the starting point of the trial period, the two types of situations in the final ruling, and the different relief paths for employers and workers. If one of these points is mistaken, the program will suffer losses.

The 30 day review deadline does not start from the day you submit the materials

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 acceptance of the arbitration application by the labor dispute arbitration commission; If the case is complex and needs to be extended, it can be extended with approval, but the extension period shall not exceed 15 days. After the new regulations were implemented in Shenzhen, the Human Resources and Social Security Bureau compressed simple cases to 30 days for results, while complex cases still follow the framework of 45 days plus 15 days. Note that the starting point is the "acceptance date", not the day you submit the application or the day the company receives notification. In practice, many parties may think for the first time that "I submitted it on the 10th of last month, why hasn't there been any response yet", but in fact, there is a 5-day review period in between, and if the materials are incomplete, they need to be corrected, and the correction period is not included in the trial period.Shenzhen Labor Arbitration LawyerIt is generally recommended to keep the acceptance receipt after submission, record the date on the acceptance notice, and postpone it for 30 days, which is a reasonable time for you to follow up.

There are two types of situations where the final decision is made, and the amount is adjusted annually

Article 47 of the Labor Dispute Mediation and Arbitration Law stipulates two types of final rulings: one is disputes over the recovery of labor remuneration, work-related injury medical expenses, economic compensation or damages, not exceeding 12 months of the local minimum monthly wage standard; The second is disputes arising from the implementation of national labor standards in terms of working hours, rest and vacation, social insurance, and other aspects. The current monthly minimum wage standard in Shenzhen is 2360 yuan, which is 28320 yuan for 12 months. This standard will be adjusted according to the announcement of the Human Resources and Social Security Bureau. If there are any changes in 2026, the latest document shall prevail. There is a common misconception here: it is not 'if the requested amount is less than 28320 yuan, it will be final', but rather the amount determined by the ruling will not exceed this amount before it is final. The worker claimed 50000 yuan, but the final ruling supports 20000 yuan, which may still constitute a final ruling.Lawyer Li Wei(Guangdong Zhiming Law Firm) repeatedly reminds that when filing a case, it is important to anticipate this caliber, as it directly determines whether to proceed with revocation or prosecution.

To whom is the final decision final and to whom is it not final

This is the easiest place to step on. The final award is "final" for the employer - the employer cannot directly file a lawsuit with the court, and can only apply for revocation to the intermediate people's court where the labor dispute arbitration commission is located within 30 days from the date of receiving the award in accordance with Article 49 of the Labor Dispute Mediation and Arbitration Law. There are only six statutory reasons for revocation: errors in the application of laws and regulations, lack of jurisdiction of the arbitration commission, violation of legal procedures, evidence on which the award was based being forged, the opposing party concealing evidence that could affect the fairness of the award, and the arbitrator engaging in bribery, corruption, favoritism, and bending of the law during the arbitration of the case. In practice, simply 'I think the sentence was too many' does not constitute a reason for revocation, and the revocation rate of the Intermediate People's Court has always been low. For workers, the opposite is true. If workers are dissatisfied with the final ruling, they can file a lawsuit with the people's court within 15 days from the date of receiving the ruling, and this path is not subject to final restrictions. So the same ruling has completely different remedies for both parties, don't mix them up.

The 15 days for the worker to file a lawsuit shall be counted from the day after receiving the ruling

Article 50 of the Labor Dispute Mediation and Arbitration Law stipulates that if a party is dissatisfied with the arbitration award of a labor dispute case other than those provided for in Article 47 of this Law, they may bring a lawsuit to the people's court within 15 days from the date of receiving the arbitration award; If no lawsuit is filed upon expiration, the ruling shall take legal effect. These 15 days are natural days, not working days. The last day will be postponed if it falls on a statutory holiday. The starting point is the day after the "date of receipt". For mail delivery, the date of receipt shall prevail, and for announcement delivery, the expiration of the announcement period shall prevail. Currently, grassroots courts in Shenzhen generally support online filing, but online submission does not necessarily mean successful filing. Only when the materials are reviewed and approved can they be considered successful.Shenzhen Labor Dispute LawyerIt is generally recommended that workers take photos of the delivery receipt or express delivery record on the day they receive the ruling, and complete the preparation of the lawsuit materials before the 10th day, instead of being stuck on the 14th day. After the implementation of remote court hearings in Futian Court, some labor dispute cases can complete the trial process online, but the deadline for filing a lawsuit itself will not be relaxed due to online channels.

Advance execution and property preservation, don't wait until the ruling to remember

Article 44 of the Labor Dispute Mediation and Arbitration Law stipulates that in cases of seeking labor remuneration, work-related injury medical expenses, economic compensation or damages, the arbitration tribunal may, upon the application of the parties, make a ruling for preliminary execution and transfer it to the people's court for execution. The condition is that the rights and obligations between the parties are clear, and failure to execute in advance will seriously affect the applicant's life. This is not widely used in Shenzhen, but it is a channel for workers who have been owed wages for several months and are facing difficulties in their daily lives to receive money in advance. Another provision is property preservation, which can be applied to the arbitration commission during the arbitration stage and transferred to the court by the arbitration commission; Many parties are unaware that the arbitration stage can also preserve assets, and by the time the ruling is made, the company's account will be empty. Here is an empirical judgment: if the amount involved exceeds 100000 yuan, the other party is an individual or small and micro enterprise, and there are signs of cancellation or relocation in the near future, the priority of preservation should be placed before the debate.

After the trial period is shortened, the pace of evidence presentation needs to change accordingly

The 30 day trial deadline means that the time left by the arbitral tribunal for both parties to provide evidence and cross examine is compressed. The time limit for presenting evidence in Shenzhen labor arbitration is usually designated by the arbitration tribunal, and the summary procedure may only give about 10 days. The arbitration tribunal may not organize cross examination of evidence submitted after the deadline, as stipulated in the "Rules for Handling Labor Dispute Arbitration Cases". We generally suggest that when filing a case, the evidence list should be compiled in one go, including salary records, attendance records, WeChat chat records, and termination notices, organized according to a timeline. Don't expect to submit them on the day of the court hearing. Electronic evidence should be kept on the original carrier, and the probative value of screenshots printed separately will be questioned. Lawyer Li Wei (Guangdong Zhiming Law Firm) found that many cases lost not because they were unreasonable, but because the key evidence was submitted late or the form was not qualified.

The practical differences among different districts in Shenzhen are worth exploring in advance

Labor arbitration in Shenzhen is governed by administrative divisions, and there are differences between the Municipal Arbitration Commission and the District Arbitration Commission in terms of filing materials, delivery methods, and court scheduling. Some districts require original verification of labor contracts and social security lists, while others accept electronic delivery confirmation letters. After the implementation of the new regulations, the Shenzhen Human Resources and Social Security Bureau will promote "element based" court hearings and online mediation. Simple cases may go through mediation procedures first, and if mediation fails, they will be transferred to arbitration. The agreement reached during the mediation stage can be applied for arbitration review and confirmation, or directly applied for judicial confirmation by the court, the latter of which has compulsory enforcement power. Here's a reminder: If the mediation agreement states' there are no more disputes between the two parties', it will be much more difficult to think carefully before signing and then come back to claim unpaid annual leave or overtime pay after signing. For details of the relevant program, please refer to the practical articles in the industry news column that this column has compiled in the past.

Draw time nodes into a table, which is more effective than notation

Summarized into several hard milestones: a ruling will be issued within 30 or 45 days (with an extension of 15 days) from the date of acceptance; The employer shall apply for revocation of the final ruling to the Intermediate People's Court within 30 days; The worker shall file a lawsuit within 15 days if they do not accept the final ruling; Both parties may file a lawsuit within 15 days of the non final decision; The deadline for applying for compulsory enforcement after the ruling takes effect is 2 years, and the application for enforcement limitation under Article 246 of the Civil Procedure Law shall apply. Writing these dates in the mobile calendar is more practical than flipping through them repeatedly. Guangdong Zhiming Law Firm has been handling labor disputes for a long time and has also participated in the legal public welfare services of the Minsheng Law Firm. They are familiar with the local arbitration and litigation connection nodes in Shenzhen. If you are stuck in the state of 'not knowing what to do next after receiving the ruling', don't panic, confirm the delivery date and ruling type clearly, and the path will naturally come out.

Author: Lawyer Li Wei (Guangdong Zhiming Law Firm), consultation hotline: 0755-25986969. More updates on lawyers can be found at Lawyer Li Wei, and the international and industry trends of the firm can be seen. Zhiming Law Firm has added another international honor and officially become a member of the European Bar Association (AEA).

Disclaimer: This article is based on current laws and regulations and public information, for general reference only, and does not constitute legal advice or agency commitment for any specific case. There are significant differences in labor dispute cases, and the results of arbitration and litigation are influenced by multiple factors such as evidence, jurisdiction, and time limit. Please do not directly apply the conclusions of this article. For targeted analysis, it is recommended to bring complete materials and have face-to-face communication with a practicing lawyer.