On October 27, 65438, we learned from Yang, the execution judge involved in this case, that the court has not yet received the fine and reconsideration application from the person subject to execution. ? At present, the performance period has expired, and we are taking compulsory measures to freeze and deduct the deposits in the account under the name of the legal representative. ?
It is a waste of judicial resources and a contempt for the dignity of workers to ask the execution judge and the person applying for execution to collect money on the spot. This labor dispute case once caused heated discussion.
In May this year, Xiao Xiao and the company agreed on a three-month trial period, but the result was only about 10 days. The person in charge of the company unilaterally terminated the labor relationship between the two parties, citing business adjustments and dissatisfaction with Xiao Xiao's performance. Regarding Xiao Xiao's request for settlement of wages and compensation, the company believed that those who were fired during the probation period should not be entitled to compensation and were only willing to pay wages.
The Changsha Kaifu District Labor Arbitration Committee believed that the company had no evidence to prove that Xiao Xiao did not meet the entry requirements and that the termination of the labor relationship was illegal. Therefore, it sentenced Xiao Xiao’s salary and compensation to * * * 10,000 yuan.
The company failed to fulfill the award within the prescribed time limit and did not apply to the court for revocation. Later, Xiao Xiao applied for compulsory enforcement, and after repeated communication with the enforcement judge, the company agreed to enforce it. When two execution judges accompanied Xiao Xiao to the company to withdraw money, they saw this scene: There were a large number of coins with denominations ranging from 1 cent to 1 yuan stacked on the table and floor of the company's office. ? I went to many banks to get these coins. ? An employee of the company told Executive Judge Yang that her boss specifically asked her to go to the bank to exchange coins.
The judge estimated that the pile of 10,000-yuan coins weighed more than 122 kilograms. The judge accompanied the applicant to count the coins on the spot and deposit them in the bank. Approximately 1 hour for three people? .
Regarding this kind of behavior that deliberately made things difficult for workers, the court held that coins are obviously not currencies that are often used in the company’s daily business activities. Its intentional exchange behavior has obvious negative intentions to oppose execution and is an obstruction in other ways. Judicial staff perform their duties.
This kind? Pay maliciously with coins? This behavior is not an isolated case, and those involved should receive criticism and education. Lu Shuai, a lawyer at Hunan Tiandiren Law Firm who has been a part-time labor dispute arbitrator for a long time, believes that this is both right and wrong. Passive execution? While striking hard, it also effectively safeguarded the dignity of workers and gave full play to the function of judicial trials to punish evil and promote good.