How To Protect Workers' Wages If They Refuse To Pay Them?

The right of workers to receive remuneration on time and in full is protected by law. However, a company in Xiamen, Fujian Province, not only refuses to perform effective legal instruments to pay wages, but also the company's general manager, Lin, has sealed up the seals of the company's machinery and equipment by law.

Recently, the people's Court of Jimei District of Xiamen city has taken compulsory measures for judicial detention of Lin, general manager of the company, which obstruct the execution of the court.

In 2015, a spectacle company in Xiamen was in arrears with 14 workers such as Yang.

Yang and others had no choice but to apply for arbitration to the labor and personnel dispute arbitration committee.

According to the result of arbitration, the company should distribute all the wages of 14 workers owed to Yang and other workers to the workers' bank cards within a limited period of time within 10 hours.

However, after the arbitration award made by the arbitration department came into effect, the company still failed to fulfill its obligation to pay. Yang and other 14 people applied to the Jimei court for enforcement.

The court of Jimei issued an enforcement notice to the company after filing the case and ordered it to pay all 14 workers immediately.

But the company still refuses to comply.

In view of the fact that the company's rejection behavior has seriously affected the legitimate rights and interests of the workers, the Executive Office of the Jimei court decided to immediately seal all the machinery and equipment of the company, and ordered the company to pay the full wages of the workers in arrears within a specified time. Otherwise, the auction procedure for the above machinery and equipment will be launched according to law.

After that, the company's legal representative promised to pay the workers' wages in arrears by March 31, 2016, and 14 workers, Yang, agreed.

However, after the time of payment of the commitment expired, the company not only failed to pay all the wages owed to the workers on schedule, but Lin, general manager, also tore up the seals sealed by the court on the machinery and equipment of the company.

Yang and others immediately reflected the situation to the Jimei court. The court immediately sent an executive judge to the scene to check and immediately summoned Lin.

Lin confessed that he had torn the court seal.

In view of Lin's behavior has seriously hamper the implementation of the court, the Jimei court decided to judicial detention for fifteen days according to law.

After five days of judicial detention in Lin, in view of the fact that the company has paid all the arrears of wages to 14 workers, and Lin has expressed his mistake for repentance, the Jimei court has decided to release the detention in advance.

The judge of connection.

As for the nature of unlawfully torn the court to seal up the seal, Zhang Qingdong, executive judge of the case, analyzed in an interview that the seal belongs to the seal of the people's court and no unit or individual can tear it up.

In accordance with the provisions of the criminal procedure law and relevant judicial interpretations, it is a violent, threatening or other way to obstruct judicial personnel to perform their duties if they tear up sealed seals without authorization.

If detention constitutes a crime, criminal liability shall be investigated in accordance with the law.