Track limitation periods: usually three years for civil claims and one year for labor arbitration
The general civil limitation period is three years from when you knew or should have known of the infringement and the responsible person. A court does not raise it on its own, but a valid limitation defense from the other side can defeat an otherwise enforceable claim. A properly evidenced demand can interrupt the period and start it again. Labor arbitration uses a different one-year framework.
What it takes
Free. Make demands in a form you can prove—WeChat, text, email, or registered mail—instead of only thinking about asking for the money.
What you may gain
Civil Code Article 188 sets a general three-year limitation period from knowledge, actual or constructive, of the harm and obligor, with a general maximum of 20 years from the harm itself. After expiry, the obligor may raise a defense against performance; the debt does not simply disappear, but judicial recovery may be lost. Courts may not apply the limitation defense on their own initiative. Four events interrupt the period and restart it: a demand for performance, the obligor’s agreement to perform, filing suit or arbitration, and legally equivalent circumstances. For an agreed installment debt, the period runs from the final installment’s due date. Certain claims are exempt: stopping infringement, removing obstruction or danger; recovering immovable property or registered movable property; maintenance or support payments; and other statutory exceptions. Labor arbitration generally has a one-year period from knowledge or constructive knowledge of the infringement. For wage arrears during an ongoing employment relationship, the ordinary one-year limit does not apply; after employment ends, the claim must be made within one year of termination.
Context & considerations
A documented demand is an inexpensive way to preserve a claim when it meets the interruption requirements; doing nothing can lose an otherwise viable case. An advance promise not to invoke limitation is ineffective, and parties cannot simply agree to lengthen or shorten the statutory period. Once it has expired, however, an obligor who agrees to perform cannot then use expiry to refuse, and voluntary payment cannot be reclaimed on that ground. See loan records and guarantees, responding to enforcement, and overtime or unused annual-leave pay, which use labor-dispute procedures.
Research & references
National People’s Congress (2020). Civil Code, Articles 188, 189, 192, 193, 195, 196, and 197. https://www.spp.gov.cn/spp/fl/202006/t20200602_463888.shtml; Standing Committee of the National People’s Congress (2007). Labor Dispute Mediation and Arbitration Law, Article 27, reposted by Ankang’s human-resources bureau. https://rsj.ankang.gov.cn/Content-2150407.html.