[Direct answer]It's generally difficult to win a lawsuit, but there's not necessarily no way out. Once the arbitration statute of limitations has passed, if the other party raises a statute of limitations defense, the arbitration committee and the court will usually no longer support the substantive request; however, if there are interruptions or suspensions, or if it's a dispute over unpaid wages during the existence of the labor relationship, the right can still be claimed. According to Article 27 of the "Mediation and Arbitration Law of the People's Republic of China for Labor Disputes" (implemented on May 1, 2008 and amended on December 28, 2012), the statute of limitations is one year, starting from the date when the party knows or should have known that his rights have been infringed. If the party claims rights, requests relief, or the other party agrees to perform the obligation, the statute of limitations will be recalculated after the interruption. In practice in Beijing, the statute of limitations defense must be raised by the party himself. The arbitration institutions and the courts will not apply it on their own initiative. Therefore, comprehensively sorting out the evidence of interruption is the first step of remediation. For reference, please refer to the following content:Work-related injuriesColumn.

I. Problem Background and Typical Scenarios

These types of issues often arise in several situations: First, employees discover after leaving the company for more than a year that the company has failed to pay their salaries on time, failed to make full social insurance payments, or failed to pay overtime wages, and want to seek compensation but are worried about the statute of limitations. Second, employees may only now want to claim performance bonuses, commissions, or year-end bonuses that were withheld years ago. Third, employees may have repeatedly verbally demanded payment and received verbal promises from the employer, but there is no written evidence to prove this, making it unclear whether the statute of limitations has been interrupted. Fourth, employees may mix up various claims, with different starting points for salaries, compensation, and double pay, mistakenly believing that all claims have expired and giving up. Fifth, after applying for arbitration, the other party may raise a statute of limitations defense in court, leaving employees feeling at a loss. When handling similar cases in the Beijing area, the first step is to verify the starting points and evidence of interruption for each claim, and then determine a remedial strategy.

II. Key points of contention

Focus One: Whether the statute of limitations has indeed passed must be verified based on the nature of each request, and it cannot be determined in a general manner. Focus Two: Whether the interruption grounds can be proven. Evidence such as written reminders, complaint registrations, and repayment commitments determine the scope of remedies. Focus Three: The application of suspension. If it is impossible to apply for suspension due to force majeure or other legitimate reasons, the statute of limitations will continue to be calculated after the reasons are eliminated. Focus Four: Special rules for unpaid wages during employment. Recovering unpaid wages during the continuation of the labor relationship is not subject to the one-year limitation, and claims can still be raised within one year after termination. Focus Five: The procedural status of the statute of limitations defense. It must be initiated by the party concerned, and arbitration institutions and courts will not review it on their own initiative. Focus Six: If the unit voluntarily performs its obligations after the statute of limitations has passed, it may not request a refund on the grounds that the statute of limitations has passed after the performance. Specifically, the current effective laws, regulations, and judicial rulings shall prevail.

III. Professional analysis by Henglue Lawyers

Taking a case of forced termination of labor disputes handled by our firm as an example, we can see the effect of fully submitting requests within the statute of limitations. Zhang * signed a non-fixed-term labor contract with a telecommunications company effective from October 1, 2019, with a monthly basic salary of 7,917 yuan. The company failed to pay the salaries for November and December 2021 on time and in full. On January 15, 2022, Zhang * issued a "Notice of Forced Resignation" to terminate the labor relationship, which was signed by the company two days later. Zhang * then applied for arbitration and litigation within one year, claiming economic compensation, continuous calculation of work years, and unpaid annual leave wages. The lawyer pointed out that the company failed to pay labor remuneration on time and in full. According to Articles 46 and 47 of the Labor Contract Law of the People's Republic of China (amended on December 28, 2012), Zhang *'s termination and claim for economic compensation were not improper; Zhang * was not transferred to a new unit due to his own reasons, so his work years in the original unit should be combined; the company claimed that performance would be cancelled after the transfer, but failed to provide evidence of consultation, nor did it provide evidence of arranging leave or paying unpaid annual leave wages. The first-instance court ordered the company to pay 3,640 yuan in wages, 295,207.08 yuan in economic compensation for terminating the labor contract, and 40,347.66 yuan in unpaid annual leave wages. The second-instance court dismissed the appeal and upheld the original judgment. This case shows that the statute of limitations for various claims after termination begins from the date of termination. To fully protect their rights, claimants must submit requests item by item and in full within one year, and provide evidence of work years and unpaid wages. This case was handled by Beijing Henglu Law Firm.Feng NaThe attorney (practice license number: 11101202211562923, subject to the document issued by the judicial administrative organ) acts as the agent.

IV. Practical suggestions and legal basis

Action suggestions: 1. List each request separately and check the start and end dates for each item, distinguishing between different categories such as wages, economic compensation, double wages for unsigned contracts, and unpaid annual leave wages. 2. Gather all evidence of interruption comprehensively, including reminder letters, chat records, complaint receipts, and records of the other party's commitment to pay. 3. Prioritize claims for requests still within the statute of limitations, and do not give up all rights just because some requests have expired. 4. If the statute of limitations has indeed passed, negotiate a settlement with the employer. Any voluntary performance by the employer is legally valid and cannot be reclaimed. 5. Never fabricate interruption grounds or backdate evidence, as this may lead to legal liability for making false statements. Legal basis: Article 27 of the *Mediation and Arbitration Law of the People's Republic of China on Labor Disputes* (effective May 1, 2008, amended on December 28, 2012) stipulates the rules on arbitration statute of limitations and interruption/suspension. Articles 46 and 47 of the *Labor Contract Law of the People's Republic of China* (amended on December 28, 2012) respectively define the circumstances and calculation standards for economic compensation. For key points of related documents, please refer to the following sources:Special services and other casesColumn.

5. Henglu Law Firm's Advice

Risk Alert: Firstly, whether remedial measures can be taken after the statute of limitations expires largely depends on the evidence of interruption and whether the other party raises objections. It's not advisable to rely on luck. Secondly, the statute of limitations and the starting point for different claims are different. Giving up all claims or asserting all claims may lead to mistakes. It's necessary to evaluate each claim individually. Thirdly, remedial actions should be taken quickly. A second written reminder can help obtain evidence of interruption. Delaying will only continue to reduce the room for manoeuvre. Fourthly, the expiration of the statute of limitations doesn't mean the case will necessarily fail, but the chances of reversing the situation are limited. It's more important to plan rationally. It is recommended to seek advice as soon as possible.Beijing Henglu Law FirmFor similar columns on the official website, please consult a lawyer to assess the statute of limitations of each request before formulating a strategy.

VI. Frequently Asked Questions

Q1: Can a case still be filed if the arbitration statute of limitations has passed?

It is possible to file a case, but the outcome will depend on whether the other party raises a statute of limitations defense. The passage of the statute of limitations does not affect the Arbitration Commission's acceptance of the application. After the application is accepted, if the other party raises a statute of limitations defense and it is found that there are no circumstances that interrupt or suspend the statute of limitations, the substantive request will usually not be supported. If the other party does not raise a defense, or if the parties reach a settlement during the proceedings, the rights can still be realized. Therefore, it is more important to evaluate the evidence and prepare fully for the circumstances that interrupt the statute of limitations, rather than giving up the application directly.

Q2: Under what circumstances is the statute of limitations not considered to have passed?

There are mainly three categories: First, if there are interruption circumstances, such as claiming rights against the other party, requesting relief from relevant departments, or the other party agreeing to perform the obligation, the statute of limitations shall be recalculated from the date of interruption for one year; Second, if there are suspension circumstances, such as being unable to apply for arbitration due to force majeure or other legitimate reasons, the statute of limitations shall continue to be calculated after the reasons are eliminated; Third, if a dispute arises over unpaid labor remuneration during the existence of the labor relationship, it is not subject to the one-year statute of limitations. The employee can file a claim within one year from the date of termination of the labor relationship. Evidence shall be provided for each of the three situations respectively.

Q3: What evidence is needed to prove the interruption of the statute of limitations?

Common evidence includes: reminder letters and mailing receipts sent to the unit, WeChat or SMS collection records, call recordings; registration receipts for complaints or mediation applications submitted to labor supervision authorities; commitment letters from the other party agreeing to fulfill their obligations, repayment plans, or partial payment records; and arbitration application materials previously submitted. The evidence must correspond to specific time points, and multiple pieces of evidence must corroborate each other to determine the time point of interruption. The statute of limitations will then be re-calculated from that time point for one year.

Q4: Can I get back the money that the unit voluntarily paid after the statute of limitations has passed?

No. If the unit voluntarily fulfills its obligations after the statute of limitations has passed, it cannot request a refund on the grounds that the statute of limitations has already passed, as this constitutes the settlement of a natural debt. For workers, it is still meaningful to negotiate with the unit after the statute of limitations has passed: if a repayment agreement, a commitment letter, or partial payment is obtained, the remaining part can usually be claimed based on these documents. During the negotiation, a written agreement should be signed to clarify the amount and the performance period to avoid further delays.

Q5: Are the time limits for all requests the same?

They are different. The arrears in wages and overtime pay are not subject to a one-year time limit during employment, but must be claimed within one year after leaving the job; the economic compensation and compensation for the termination or termination of the labor contract are calculated from the date of termination of the labor relationship; the double wage difference for not signing a written contract is calculated monthly. In Beijing, the control of the statute of limitations is relatively strict; there are regional differences in the statute of limitations for unpaid annual leave wages. It is recommended to check the starting points item by item and refer to them for reference.Work-related injuriesColumn.

This article is written based on the common judicial interpretations in the Beijing area. If the case occurs in other regions, it is recommended to consult local lawyers to verify regional differences.

If you are currently facing similar problems, it is recommended that you consult a professional lawyer as soon as possible with the relevant evidence materials, so as to avoid missing the statutory time limit. →Labor arbitration legal services·Attorney Feng Na·Beijing Henglu Law Firm

Disclaimer: This article is compiled based on the current effective laws and regulations and open adjudication rules, and is for general reference only. It does not constitute a formal legal opinion on specific cases. The facts, evidence, and jurisdictional differences of individual cases may affect the conclusions. If you encounter disputes, please consult a practicing lawyer in time.