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    After The Time Limit For Litigation, The New Prize Was Added To The Soup.

    2015/4/30 10:51:00 7

    LitigationLimitationInnovation Award

    In December 1979, Zhang Chunfu worked in Shenyang radial tire mould Co., Ltd. for more than 30 years.

    In 2000, Zhang Chunfu led 6 colleagues to participate in the research and development projects, won the 1999 Shenyang science and technology revitalization award and bonus 300 thousand yuan.

    However, the Shenyang radial tire mold company did not allocate the bonus because the factory was short of funds.

    For more than 10 years, Zhang Chunfu has been pressing the company for a bonus.

    Until April 2013, Shenyang meridian tire mould Co. Ltd. and Zhang Chunfu broke up the labor contract, and the bonus could not be put into Zhang Chunfu's pocket.

    In June 4th last year, Zhang Chunfu filed a lawsuit in Yuhong District Court, demanding that Shenyang radial tire mould company pay it, and the prize of Shenyang science and technology revitalization award in 1999 was 30 thousand yuan and interest.

    The Shenyang meridian tire mold company believes that, first of all, Zhang Chunfu's request has exceeded the limitation of action. Secondly, the enterprise has the right of autonomy in the distribution of the bonus, which can be used in the technological pformation project or the technological development of the enterprise. Zhang Chunfu's request to pay the bonus is not available in law. Third, Zhang Chunfu and the company signed the agreement on the termination of labor relations clearly signed: the two parties have no objection to the termination of labor relations, economic compensation methods and labor relations and so on.

    After the signing of this agreement, Party B shall not make any request for any of the above questions, nor can it do anything harmful to Party A's reputation and interests.

    The judge decided:

    The court heard that in this case, the prize winning prize of Zhang Chunfu's main creation project was 300 thousand yuan, and he believed that the main body of the award was the Shenyang science and Technology Committee.

    Zhang Chunfu's claim for bonus is not in the category of labor dispute in the course of labor relations with Shenyang radial tire mould Co., Ltd.

    Zhang Chunfu's request for the prize of the technology revitalization prize is actually Zhang Chunfu's opinion that Shenyang meridian tire mould Co., Ltd. has no

    Legal basis

    The reason for this case is the dispute of unjust enrichment.

    Lawyer of Beijing North lawyer, Liaoning

    Li Xiaoxi

    According to the provisions of the general principles of civil law of the people's Republic of China, the time limit for limitation of actions shall be calculated from the time when it is known or should be aware of the infringement of rights, except for 2 years unless otherwise provided by law.

    Today, Zhang Chunfu claims the right to the Shenyang radial tire mold company on the bonus. The company believes that it has exceeded the statutory limitation of action. Zhang Chunfu has not submitted evidence to the court to prove that he claims the right to the company during the limitation period, and there is a reason for suspension or interruption of the limitation of action.

    Zhang Chunfu won the prize in December 2000.

    Date of litigation

    In June 4, 2014, it has exceeded the limitation of action prescribed by law.

    Therefore, the court dismissed Zhang Chunfu's claim, which is in conformity with the law.


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