19Evidence A

Time limits for legal action: 3 years for civil lawsuits, 1 year for labor arbitration; once the deadline passes, a simple “statute of limitations exceeded” claim can block your case

The civil limitation period is 3 years from the day you learn your rights were harmed. Once it expires, the court does not raise it itself, but the other party can defeat recovery simply by pleading expiry. Before the 3 years expire, one documented payment demand can restart the 3-year period. Labour disputes have a separate 1-year arbitration period.

Cost

Zero cost. Don’t just hope for payment in silence — use We…

Benefit

The Civil Code stipulates that "the limitation period for requesting the People's Court to protect civil right…

Cost

Zero cost. Don’t just hope for payment in silence — use WeChat, text messages, email, or certified mail to create a paper trail.

Benefit

The Civil Code stipulates that "the limitation period for requesting the People's Court to protect civil rights is three years." The starting point is calculated "from the date when the rights holder knows or should know of the infringement and the identity of the obligor"; it begins from the day you know you have suffered a loss and know who to seek out. The maximum period shall not exceed 20 years from the date the rights were infringed. Once the period expires, "the obligor may raise a defense of non-performance of the obligation." The court will not search for the limitation period on its own, but if the opposing party raises it in court, it is effective; the money still exists, but it cannot be recovered. There are four types of events that will interrupt the limitation period, and once interrupted, the 3-year period is recalculated from the beginning. First, you demand performance from the person who owes you. Second, the opposing party promises to perform. Third, you file a lawsuit or apply for arbitration. Fourth, other circumstances with the same effect. Interruption must occur before the 3-year period expires; a demand after expiry does not restart it. For agreed installment payments, the period starts from the date the last installment falls due. There are four categories of claims not subject to the limitation period. First, claims to cease infringement, eliminate obstacles, or remove dangers. Second, reclaiming one's own immovable property and registered movable property. Third, child support, alimony, and maintenance. Fourth, other circumstances prescribed by law. Labor disputes follow a different set of rules: the arbitration limitation period is 1 year, calculated from the date the worker knows or should know that their rights have been infringed. However, "for disputes arising from unpaid labor remuneration during the existence of a labor relationship, the worker's application for arbitration is not subject to the limitation period prescribed in the first paragraph of this article; however, if the labor relationship is terminated, the application shall be made within one year from the date the labor relationship is terminated" (Nationwide, China).

Original sources

全国人大 (2020). 民法典(第一百八十八、一百八十九、一百九十二、一百九十三、一百九十五、一百九十六、一百九十七条). https://www.spp.gov.cn/spp/fl/202006/t20200602_463888.shtml;全国人大常委会 (2007). 劳动争议调解仲裁法(第二十七条). https://rsj.ankang.gov.cn/Content-2150407.html(安康市人力资源和社会保障局转载)

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Book note

This is probably the cheapest thing in the entire book. Before the 3 years expire, a single recorded demand message can restart the 3-year clock. Doing nothing may result in losing the qualification to win a lawsuit for nothing. Pre-arranging that "I will not use the limitation period as an argument" is invalid, and any agreement between both parties to extend or shorten the 3-year period is also invalid. Conversely, if the opposing party still promises to repay after the deadline has passed, they can no longer use the limitation period to refuse repayment. If payment has already been made voluntarily, it cannot be reclaimed. For IOUs and guarantees, see item 18 (IOUs and Guarantees). For the enforcement stage, see item 20 (Be sued or enforced, truthfully report assets). Overtime pay and wages for unused annual leave follow the labor arbitration rules; see items 1 and 2 of Section 19. The calculation for double wages for not signing a contract varies by region; see item 20 of Section 19 (Double wages).

My note