The factory mastered to allow the strong evidence that its work overtime overtime in Feng some hand, but request to already spent legal effectiveness for a given period of time because of what pay overwork salary, the court does not give to this support. Legal group public figure admonishs the person that work, submit to to work arbitral request must seasonable.

As we have learned, feng Mou of 29 years old entered factory of electron of Baoan Home Xixiangyi to work in October 1992, in December 2001 abdication leaves a plant. This year in April, feng Mou works overtime with manufacturer overtime, for overtime of embezzle part of what should be issued, to dispute of Baoan area labor arbitral committee puts forward labor arbitration to request, the requirement sentences your manufacturer to pay gold of its economy compensation 15570 yuan of RMBs, pay its at the same time in March 2001 the overwork salary of ~9 month 13494 yuan.

This year on April 26, labor arbitrates front courtyard makes a ruling, provide sufficient evidence in view of Feng Wei, and the request that pays overtime already transcended arbitral effectiveness for a given period of time, reject full request of Feng Mou.

Feng Mou requested to tell the manufacturer the court with similar suit on May 14, 2002, because the Feng on front courtyard carries this plant that supply " the record that brush card " the fact that shows the manufacturer exists to make its badly overtime work overtime really, the court supports Feng to because of refusing to obey the manufacturer arranges his for a long time to work overtime overtime and leave his post, adjudicate 15570 yuan to manufacturer compensate pays Feng Mou economic compensation gold, but because work overtime,salary request already spent legal effectiveness for a given period of time, the court does not give support.

Law comments on effectiveness for a given period of time is the right

All sorts of program ways are right " effectiveness for a given period of time " the problem has specific provision, effect of bad past the appointed time is meant lose win the lawsuit authority. Because,this is, if a controversy is long do not adjudicate on, evidence destroys possibly break, in the meantime, the legal impact that concerns with controversy is in inaccuracy for a long time to decide position, go against social stability.

Basis " labor law " regulation, dispute of 60 days of indrawn labor since the day that the one party that raises arbitral requirement ought to produce from labor dispute arbitrates committee offers written application. Party cuts what take anything but into parts to the arbitration, the day that can get arbitral adjudication book oneself rises to lodge a complaint of indrawn people court 15 days. One party party is not sued inside legal time limit nonperformance arbitration adjudicates on, party of other one party can apply for people court to be carried out compulsively.
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