Ding-ding... A crisp telephone ringing broke the silence of the morning, and in the office of the executive board of the Zengcheng Court, Judge Zhong Weiqiang, who was accustomed to being busy on arrival, picked up the phone as usual.
Recently, the Zengcheng court successfully concluded a number of cases involving 19 workers for "wage arrears". In the course of the enforcement of the case, the enforcement judge dug deep into the property clues, forcefully adopted enforcement measures, and through controlling the property of the person subject to enforcement, prompted the person subject to enforcement to take the initiative to perform the payment obligation, and recovered a total of 955,000 yuan for the workers on the occasion of the National Day. The call came from Master Zeng, a representative of the workers among the executive applicants.
Case Review
From the end of 2019 to the beginning of 2020, a textile company in Zengcheng terminated its labor contracts with 19 workers, but did not pay the departing workers the remaining wages, economic compensation, unemployment insurance treatment losses and other expenses. To this end, the workers have successively applied to the Labor and Personnel Dispute Arbitration Commission for arbitration, and because they are not satisfied with the arbitration results, they have protected their legitimate rights and interests by filing a lawsuit in the court.
After the first instance judgment of the Zengcheng Court and the second instance judgment of the Guangzhou Intermediate People's Court, a textile company in Zengcheng needed to pay the workers a total of 955,000 yuan in wages, economic compensation, and loss of unemployment insurance benefits. Because a textile company in Zengcheng did not take the initiative to fulfill its payment obligations, the workers successively applied to the Zengcheng court for compulsory enforcement from March to May 2021.
Case Enforcement
After the case entered the enforcement procedure, zhong Weiqiang, the enforcement judge of the case, attached great importance to it, and immediately inquired about the property of the judgment debtor through the network inspection and control system, and found that in addition to the total deposits of 73,000 yuan in multiple accounts, the judgment debtor also established a clothing company with a registered capital of 40 million yuan outside the province as a contributor and an outsider.
In order to quickly help the workers recover the arrears, the enforcement judge took a two-pronged approach, on the one hand, quickly withheld 73,000 yuan of deposits in the account of the judgment debtor, and distributed it to the workers in proportion to the first time to solve the urgent needs of the workers; on the other hand, he quickly entrusted the brother courts of other provinces to freeze the equity of a clothing company under the name of the judgment debtor.
Considering that the disposal of equity needs to go through procedures such as appraisal and auction, in the case of preliminary judgment that the judgment debtor should still have a certain ability to perform, in order to recover the arrears of wages for the workers as soon as possible, and at the same time to reduce the adverse impact of the enforcement case on the judgment debtor and the clothing company, on the one hand, it took the initiative to contact the clothing company and asked it to assist in urging its shareholders, that is, the judgment debtor in this case, to perform their payment obligations as soon as possible, and to issue a ruling to freeze the dividend income documents generated by the equity held by the judgment debtor On the other hand, a notice of performance of the obligation is issued to the person subject to enforcement and explains the advantages and disadvantages, requiring the person subject to enforcement to take the initiative to perform the payment obligation, otherwise the relevant circumstances of the refusal to perform the judgment will be transferred to the public security organ for filing and investigation.
Payments are in place
Under the influence of a number of enforcement measures by the court, the person subject to enforcement voluntarily paid the full amount owed to the court, and at this time, it was close to the middle of September. In order to allow the workers to receive payments before the National Day and go home for the holidays, Zhong Weiqiang, the administrative officer, worked overtime to proofread the case information and prepare documents such as applying for the distribution of funds. During that time, in the evening, in the office of the Executive Board, there was often such a dialogue: "Judge Zhong, are you still working overtime tonight?" "Yes, this case has to be dealt with before the holiday."
On September 22, after the efforts of the enforcement judge and the support of the court to open a green channel for the "wage arrears" case, all the payments of the 19 workers were paid in place, and the case was successfully executed.
After seeing the information on the arrival of the money, the applicant, Master Zeng, on behalf of the 19 workers, contacted Judge Zhong Weiqiang by phone early in the morning, and after repeated thanks, he also said that he would go to the Zengcheng Court to give the judge a pennant. Zhong Weiqiang repeatedly persuaded and said that doing a good job in enforcement work is the due duty of every enforcement judge, the case can be successfully executed, and the legitimate rights and interests of the masses are protected, which is the pursuit of judges for the judiciary for the people.
The "wage arrears" case is a case involving people's livelihood, and the Zengcheng court, proceeding from the protection of the legitimate rights and interests of both labor and capital, promptly honors the rights and interests of winning the lawsuit to open up a green fast track for "wage arrears" cases, gives priority to case filing, priority enforcement, priority payment of enforcement funds, and takes multiple measures at the same time to protect the legitimate rights and interests of the masses.
Text, photo/Guangzhou Daily Xinhuacheng Reporter: Charter Correspondent Zengfa Xuan Guangzhou Daily Xinhuacheng Editor: Peng Wenqiang