The court ruled that the company owed more than a year's salary, which was supported. However, there is no executable property on the company's books. What should we do? Recently, the Haizhu District Procuratorate of Guangzhou City, Guangdong Province encountered such a case of applying for civil enforcement supervision. In 2019, Wu joined Guangdong Food Co., Ltd. (hereinafter referred to as the "Food Company") and worked at the company's management level. Due to sluggish development, the company began to frequently default on employee salaries. In September 2021, Wu terminated his labor contract with the company, but was delayed in receiving his salary for over a year. Helplessly, Wu applied for labor arbitration, and the arbitration award supported Wu's request to pay the unpaid labor remuneration. Subsequently, the food company filed a lawsuit with the Haizhu District Court, which rejected its lawsuit request. The food company was dissatisfied and filed an appeal, which was rejected by the Guangzhou Intermediate Court. After the judgment came into effect, Wu applied to the Haizhu District Court for compulsory execution. In April of this year, the court found through investigation that the accounts of the food company had been frozen by a court in a different location due to other cases, and there was no property available for execution under the company's name. Therefore, the court ruled to terminate this execution. Wu applied to the Haizhu District Procuratorate for enforcement supervision. On the one hand, the handling prosecutor inquired with Wu about the company's business situation, the reasons for delayed labor remuneration, and other details, and communicated with the executing judge to understand the investigation situation; On the other hand, retrieve the industrial and commercial registration materials of the food company, sort out the company's equity composition, actual controller identity, etc. After multiple checks, the prosecutor found that the actual controller of the food company was Li, and none of the shareholders of the company had fully fulfilled their investment obligations. According to legal provisions, these shareholders who have not actually contributed capital shall bear joint and several liability for compensation. The handling prosecutor contacted the actual person in charge of the food company to explain the relevant legal provisions and the legal consequences of refusing to execute the court's judgment. At the same time, he suggested that the court add the shareholders of the company as the executors and urge them to fulfill their obligations as soon as possible. After several rounds of mediation and negotiation, in October this year, the court facilitated the signing of a settlement agreement between the two parties, and the food company paid Wu 280000 yuan in labor compensation on-site. It is reported that since the beginning of this year, the court has adhered to and developed the "Fengqiao Experience" of the new era, explored the creation of a "four step method" civil reconciliation work model, and actively promoted the resolution of conflicts. As of now, the court has facilitated the settlement of 7 civil enforcement cases, with a settlement amount of over 2 million yuan. (New News Agency)
Edit：Zhou Shu Responsible editor：Jia Jia
Source：jcrb.com
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