On September 20, in court of people of pure and fresh district of quiet remote city, 45 workers are in eventually before the Mid-autumn Festival, recapture belong to oneself, the salary that had been defaulted nearly 2 years.
Back pay factory manages not to be pooh-poohed to be in debt many cases
In case of this back pay, 45 workers ever were Qing Dynasty of person be executived factory of primary metals of stage of town of peace and tranquility of remote city pure and fresh district (factory of primary metals of stage of the following abbreviation) employee, they are farmers of labour of Wu of pure and fresh this locality for the most part.
Rose 2016, factory of stage primary metals is adopted gradually " press two monthly wages " means defaults salary, the end of the year more cause stop production because of fire accident.
The farmer is versed in Chen Mou says: "After factory stop production, the ability after the boss says to want to wait for accident square be out of pocket with us sends salary, we are chased after all the time, he procrastinates all the time. He procrastinates all the time..
Ever since, labor of institute of service of work of town of peace and tranquility of 45 workers flounder, fresh area ensures the branch such as censorial group to coordinate processing, but still fail resumptive salary.
But, 45 workers come at appealing to on May 2, 2017 court of fresh area people. Classics mediation, factory of primary metals of 45 workers and stage of person be executived comes to an agreement: Factory of stage primary metals pays place to owe wage at the sum before September 30, 2017. But after deadline at the expiration of one's term of office, factory of stage primary metals still fulfils obligation not actually.
After the case enters executive phase, case undertaker Lin Xuehui analyse details of a case for a short while, research implements plan.
Via checking, factory of stage primary metals is common partnership business, copartner is Liu Mou and Li Mou respectively, workshop of garden of industry of bay of dragon of town of peace and tranquility of this factory take on lease uses as manage, basically carry on the processing working procedure of metal surface. Check further, because factory of primary metals of stage of person be executived manages not to be pooh-poohed to be in debt many cases, divide outside defaulting worker pay, involve many lawsuit issue, still default payment for goods, hire to wait, total debt amount is close 3 million yuan.
Worker of house property of compulsory sale copartner is preferential suffer countervail
Accuse a medium through checking, lin Xuehui discovers major mechanical equipment also is in factory of primary metals of stage of person be executived the burn down in fire, under one's name is done not have any can offer executive property. The belongings that should carry out a primary metals factory realizes the legitimate rights and interests of back pay worker, be impossible almost quality.
" law of enterprises of partnership of People's Republic of China " thirtieth sets 9 times " partnership business cannot pay off expires of debt, copartner assumes infinite responsibility " .
To ensure legitimate rights and interests of the worker, two partner that Lin Xuehui adds a primary metals plant lawfully are carried out what Liu Mou serves as a case with Li Mou person.
Liu Mou and Li Mou are labelled after person be executived, classics network is checked accuse, discover Liu Mou under one's name is located in remote city pure and fresh district clear too with the building that presses down some village, lin Xuehui undertakes quickly closing down to this building, vacate retreat and carry the network that clean out treasure vendue. Final this building classics 35 contest price, clinch a deal with 990 thousand yuan price.
Lin Xuehui expresses, concern a provision according to law, excel of worker pay pay is other creditor's rights suffers countervail, although this contest is patted so that the paragraph is not worth all debt of factory of primary metals of pay off stage, but can the salary that full specified amount pays 45 back pay the worker.
Happy event of before the Mid-autumn Festival 45 workers gets back pay
Contest is patted so that the paragraph arrives after Zhang, be in eventually money of will entire this afternoon case more than yuan 370 thousand, go back gave 45 back pay the worker.
In pay money concentration extends ceremonially, the executive case that Deng Zhiwei of member of leading Party group of court of fresh area people, assistant dean reported a case. Subsequently, 45 workers are ordinal got pay money.
According to introducing, pure and fresh court will " Na Yue carries out storm " special activity serves as assault fortified positions " solve basically it is difficult to carry out " the assault date of phase of decide the issue of the battle, came on stage " court of people of pure and fresh district of quiet remote city about " Na Yue carries out storm " the executive plan of special activity " , aim through beginning by a definite date the assault fortified positions of 3 months acts, concentration is adopted close down, sequestered, freeze, auction, amerce and judicatory are detained wait for coercive measures, cogent increase a case to carry out strength, outstanding solve carry out bad case, reach farther promotion case qualitative effect, establish people court justice the purpose of efficient judicatory authority.
Since this year, this courtyard hears executive case in all 2569, actual hold knot 1281, rise respectively compared to the same period 21.47% with 82.48% , carry out reach the designated position 118 million yuan of mark, adopt judicatory to detain to 34 people be executived lawfully measure, right 10 people be executived take amerce step, adopt limitation to consume measure to 3656 people be executived, bring into 998 people be executived break one's promise list.
Reporter: Hu Yiyi becomes Chen Jian of gallium bank reporter
Partial photograph: Liu Zhijiang