9 Months Without Wages, But Also Be Relieved Of The Labor Contract. The Shunyi Court Strongly Enforce The Employee'S 1 Million 700 Thousand Salary.
Beijing NPG Solar Energy Technology Co., Ltd. (hereinafter referred to as "solar energy company") has defaulted on the salaries of 21 employees, and the economic compensation for the dissolution of the labor contract is nearly 1 million 700 thousand yuan. The implementation of the cash payment ceremony was held at the Executive Office of the Shunyi court of Beijing.
After the release of the case, the employee representatives presented the banner to Hou Feng, the two female court judge who executed the enforcement case, the Executive Office of the Shunyi court. She thanked her for her hard work in the case, so that 21 workers who had not paid wages for 9 consecutive months from cleaning staff to company executives finally got their wages before the Spring Festival to return home for the new year.
Mr. Sun and other 21 employees are located in the town of Niu Lan Shan, Shunyi District, which is a solar energy equipment manufacturer. As a result of poor management and other reasons, since July 2015, it has been in arrears for 9 months. wages 。 In March 2016, the company decided to terminate the labor contract in advance without the ability to resume production.
Through consultations, the solar energy company and its employees signed the "separation compensation agreement" respectively. Mr. Tsang entered the office in 2004, and his position was a senior executive. The agreement agreed that the compensation for the termination of the labor contract was 16 yuan. The agreement provides that within a month of the signing of the agreement, the company will pay 9 months' Arrears of wages and the compensation for the cancellation of the labor contract in full.
However, after the resignation of 21 employees such as Mr. Tsang, the solar energy company did not pay the wages owed by the company and the compensation for the cancellation of the labor contract according to the agreement. They applied to the arbitration agency for labor arbitration and began to ask for wages. Because of the long lost wages, these employees' lives are slowly getting into trouble.
The Shunyi District Arbitration Commission and the Shunyi District court separately ruled and decided to support employees' demands for such claims and their annual leave wages. In July 29, 2016, these employees came to the Shunyi District Court Executive Board for enforcement. Before that, judge Hou Feng carried out several other solar energy companies. Fail to pay wages The case is considered "acquaintance" with the legal representative of the solar energy company, and the court still arranges the case by Hou Feng judge.
After hearing the case, Hou Feng interviewed the staff first, and learned that they had Shunyi District people, including Pinggu District, Miyun District, and some migrant workers from other provinces and cities. Their wages are not high, but they are mostly the pillars of family economic life. Because of the loss of work, there are thousands of arrears of wages and about 100000 yuan, so many people's lives are seriously affected.
In order to make these employees feel steadfast, Hou said he would do his best to tie up the case as soon as possible. At the same time, Hou told his employees the number of his cell phone, and promised to turn on the phone for 24 hours and answer the phone call at any time. If employees have any clues to carry out, they should contact her in time.
At the same time, Hou also contacted the legal representatives of solar energy company, but unfortunately, the other party did not show up or answer the phone or text messages. In carrying out the network control system query, the property information such as property, vehicle, deposit and so on can not be inquired under the legal representative name.
However, in order to enable the executor to perform legal obligation Hou took measures to seal up the equipment and equipment of the solar energy company, freeze the registration information of the company's industrial and commercial enterprises, and put the executors into the breach of trust list. In the end, he was frightened by the law, and Xue Mou, the legal representative of solar energy company, called the judge.
Hou took the opportunity to explain the legal policy in detail and to explain the consequences of refusing to comply with the court's effective judgement. In the face of criminal detention, sentencing and voluntary performance, the judge reminded Xue: "the most appropriate way is to fulfill legal obligations." Xue Mouxian talked about his difficulties and promised to put the case into the account of the case in three months. The scheme was approved by the judge and approved by the staff.
Soon, 200 thousand of the first case was entered into the account. Next, judge Hou continued to urge Xue to strictly fulfill his promise. In the end, the solar company did not fully pay the above payments in three months, but in January 6th, the final sum of 200 thousand yuan was entered into the court case account. After knowing that nearly 1 million 700 thousand yuan of all the enforcement cases arrived, 21 employees were very happy. They sent thanks letters and Pennant to Shunyi District court and Hou judge, thanking the court and judges for their work.
After the payment of the case, Hou Feng accepted the interview.
Hou told reporters that in carrying out her work, she always carried out the concept of good faith execution and civilized execution. Without prejudice to the interests of the applicant, we should take full account of the actual situation that the executor's own business has been cut down, and there are huge debts, and dare not face the applicant. He once had the idea of escaping. By interpreting the legal principle, he proposed the implementation reconciliation proposal and promoted the active execution of the executor. At the same time, it is also necessary to show the executor the consequences of his refusal to comply with detention and even to violate the criminal law. No coercive measures such as judicial detention were used in the whole implementation process.
In the process of waiting for the implementation of the case, some of the workers were in a mood swings. Hou took the initiative to communicate with them, and every time they made progress in the case, they were notified for the first time. These employees also contacted judge hou to know the case many times during their non working hours, and the judges answered patiently to answer their questions.
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