"You have worked hard. I originally thought it would take a long time to get the arrears of wages, but I didn't expect that you would help our workers recover their hard-earned money so quickly." After receiving their wages, the workers of a plastic products company in Houjie Tow

"Thank you for your hard work. I originally thought it would take a long time to get the arrears of wages, but I didn't expect that you would help our workers recover their hard-earned money so quickly." After receiving their wages, the workers of a plastic products company in Houjie Town, Dongguan were very happy. Excited. From the time when the company went bankrupt to finally receiving wages, the Houjie Court of the Municipal Second People's Court took only 6 months from filing the case to disbursing the execution funds.

This is a typical case of bankruptcy and remuneration disputes due to poor management of enterprises. Dongguan’s annual average number of labor dispute cases ranks among the top in the country, opening up a “green channel” for cases involving wage arrears. The Dongguan Court We will work hard on the word "quick", implement "quick establishment, quick adjustment, quick review, quick enforcement", and explore the establishment of a special "enforcement court" to deal with the insolvency of enterprises to protect the legitimate rights and interests of workers.

The company went bankrupt and owed huge sums of money. The court expedited its processing.

A plastic products company in Dongguan located in Houjie Town closed down after the Spring Festival in 2019 due to poor management. It owed many workers wages and economic compensation and other payments. The workers They have filed for labor arbitration. In March this year, the workers took the effective arbitration mediation letter to the Houjie Court of the Second People's Court of Dongguan City and applied for compulsory execution. This series of cases involves 174 workers and a total amount of more than 2 million yuan.

After the court filed the case, the enforcement judge who handled the case led an enforcement team to seize the company's machinery, equipment, vehicles and other property through visits and investigations. Subsequently, the enforcement team asked all workers to elect worker representatives to be responsible for communicating with the court, allowing workers to proactively provide property clues, assist in guarding the factory buildings before the property is disposed of, assist in evaluation, auction samples, etc., and actively cooperate with the court in the enforcement work.

At the same time, the implementation team established a WeChat working group to explain relevant legal regulations to workers in a timely manner, report implementation progress, and use WeChat to deliver evaluation auction materials and distribution plans. In addition, the enforcement team also adopts methods such as online inquiry and rapid evaluation of seized vehicles to speed up the enforcement process. It only took

3 hours for 151 workers to get their wages. An investigation by the

execution team revealed that the company still owed nearly 10 million yuan in payments to suppliers. In July 2019, the court organized the first auction. However, the transaction failed to be completed due to the buyer's regret. In August 2019, the seized property involved in the case was re-auctioned and more than 8 million yuan was obtained.

Since there are a large number of people involved and different payment categories such as back wages, economic compensation, unreimbursed payments, and payment for goods, the calculation of the distribution is cumbersome and the workload is large, requiring great care and patience. Under the extremely heavy workload of handling the case, after the auction, the enforcement team worked overtime to produce an enforcement distribution form and send it to all creditors for verification one by one. According to the distribution table, the back wages and economic compensation involved in the case can be paid in full first, and the suppliers have also been allocated nearly 2 million yuan in payment.

On the morning of October 9, just one day after the National Day holiday, the court informed that, except for a very small number of workers who were unable to come due to business reasons, Chen and other 151 workers came to Houjie Court to go through the payment procedures. The court dispatched four enforcement officers. From around 9 a.m. to around 12 a.m. that day, all procedures were completed, and the whole process was orderly and orderly.

The company is insolvent, and the court agrees to liquidate the company.

In response to the situation of corporate insolvency, the Dongguan Court is exploring the establishment of a special "enforcement court" to promote the orderly exit of insolvent companies from the market, promote the resurrection of some companies, and resolve the backlog of enforcement cases. , protect workers’ rights and interests, thereby maintaining social stability.

After Dongguan Xinyang Electronics Co., Ltd., located in Nanshe Industrial Zone, Chashan Town, stopped production due to poor management of the company, the Chashan Court successively accepted a number of lawsuits and execution cases in which the company was the defendant or the person subject to execution, and applied for the execution of the overall bid. The amount amounted to more than 9.6 million yuan.

During the execution process, the execution judge found that the company’s assets available for disposal were insufficient to pay off all debts. Subsequently, one of the executors in the case agreed and made a written application to transfer the execution case to bankruptcy review and conduct bankruptcy liquidation of Xinyang Electronics Co., Ltd. in accordance with the law. Under this circumstance, the Chashan Court of the Municipal First People's Court transferred the series of cases to bankruptcy review, recovered the debtor's property through bankruptcy procedures, and realized repayment to employees and other creditors.

Reduce the burden of litigation and unify labor personnel dispute case adjudication standards

The average annual number of labor dispute cases received in Dongguan ranks among the top in the country. From January to September this year, the city's courts accepted 6,018 new labor dispute cases and concluded 4,774 cases; the number of cases accepted by the city's two-level labor and personnel arbitration institutions also increased by 24.30% year-on-year.

On the afternoon of October 10, the Municipal Intermediate People's Court and the Municipal Labor and Personnel Dispute Arbitration Committee signed the "Minutes of the Forum on the Connection of Arbitration and Trial Arbitration", making unified arbitration and arbitration issues such as the time limit for arbitration, economic compensation and the calculation base of compensation. standard. In other words, the results of cases adjudicated by the Labor and Personnel Dispute Arbitration Committee will be the same as those of the court. After the parties receive the award, there is no need to go to court to sue, which will increase the burden of litigation.

He Zhujian, deputy director of the Municipal Human Resources and Social Security Bureau and deputy director of the Municipal Arbitration Commission, introduced that the two parties signed the "Building an Integrated Working Mechanism for Mediation and Trial of Labor and Personnel Disputes". After the two parties fully launched the docking work of litigation and mediation, they have successfully resolved common disputes between many companies. A labor dispute involving 600 workers. Interviewed and written by: Nandu reporter Tang Jianfeng