On August 30, 2007, the Huizhou Intermediate People's Court ruled that Anjunda Company must pay an arrears of 97.52 million yuan and a project warranty of 3.48 million yuan. At the same time, if Anjunda Company is unable to pay, China Construction Fourth Engineering Bureau can enjoy the priority to receive compensation through the appraisal and auction of the properties on the 14th to 49th floors of the main building of Ginza International Building and the 18th to 31st floors of the auxiliary building. However, Anjunda Company was dissatisfied with the judgment and appealed to the Guangdong Provincial Higher People's Court. June 30, 2007, 65438 On February 30, the Provincial High Court made a final judgment: rejecting the appeal and upholding the original judgment.
"But now we can't contact Anjunda Company at all. They don't have an office in Huizhou. When filing a lawsuit, you can contact the court." Ms. Tu said, "If the other party does not pay back the money, we will only Can we apply to execute the judgment and auction the building?"
The reporter tried to contact Anjunda Company yesterday but failed. Will an auction become "yellow" with a ruling?
On March 10, 2008, things took a turn for the better. The Municipal Intermediate People's Court issued an announcement stating that the case had entered execution procedures. The reporter saw from the announcement provided by Ms. Tu: "Now our institute plans to evaluate and auction the properties on the 14th to 49th floors of the main building and the 18th to 31st floors of the annex building of the 'Ginza International Building' project."
This pair This is undoubtedly good news for Ms. Tu and China Construction Fourth Engineering Bureau. After a series of preparations, on July 27, China Construction Fourth Engineering Bureau conducted a "draw" through the Municipal Intermediate People's Court and determined that two auction houses would jointly host the auction of "Ginza International Building".
However, almost at the same time, Ms. Tu received a civil ruling from the Provincial High Court, announcing that the case would be retried and the execution of the original judgment would be suspended during the retrial. It turned out that this was because Anjunda Company was dissatisfied with the final judgment of the Provincial High Court and applied to the court for a retrial.
Workers’ difficult right to demand wages
“It’s been four years, do we still have to drag it on?”
In July 2006, the Ginza International Building was topped out. However, the developer failed to pay the contractor for the project as stipulated in the contract, and therefore owed workers about 30 million yuan in wages. They all hope to get their hard-earned money back through the building auction.
Municipal Labor and Social Security Bureau
More than 2,000 workers are owed more than 30 million in wages.
The reporter learned from the Municipal Labor and Social Security Bureau and other departments that since June 2006 to October 2006, the relevant departments have received former workers of the Ginza International Building project in batches, and they all reported that they were owed wages ranging from 5,000 yuan to 5,000 yuan. Ranging from 30,000 yuan. According to statistics, the Ginza International Building project * * * owes more than 2,000 workers approximately 30 million yuan.
Yesterday, reporters came to the construction site of the Ginza International Building, but did not see the original workers. Mr. Xie, the security team leader at the construction site, told reporters that since the construction site stopped working at the end of 2006, it has become increasingly deserted. "In the beginning, workers would come back from time to time to inquire about the progress of unpaid wages. Now, few of them have come back."
"More than 80 of our more than 2,000 workers are from Sichuan, and many people's homes have been affected by Xie Changyun, the leader of a carpentry class in the original Ginza International Building project, said: "It's been four years. Should we delay it again?"
Lawyer
Lack of project payment should not be the reason for wage arrears.
It is obviously a contract dispute between the contractor and the developer, but is it legal for the contractor to withhold or delay workers’ wages on this basis? Some legal persons pointed out that it is illegal for the contractor to use this as an excuse to delay wage arrears, and arrears with project payments should not be used as a reason for wage arrears.
Some lawyers believe that as a contractor, workers should be paid wages, and workers can sue the contractor to get their wages back on the grounds of default in project payment.
"However, if the contractor is really owed money by the developer for the project, the developer is also obliged to advance the payment." Generally speaking, in this case, workers can recover wages from the contractor and developer. (Reporter: Mr. Wen)
Related links
Why can the "final trial" of civil litigation be retried?
Since the Guangdong Provincial High Court has made a "final judgment", why can it still order a retrial? According to Article 178 of the Civil Procedure Law: "If a party believes that a legally effective judgment or ruling is erroneous, it may apply to the original People's Court or the People's Court at the next higher level for a retrial, but the execution of the judgment or ruling will not be suspended." Therefore, the parties may apply for a retrial of the effective judgment. However, the parties applying for retrial must meet the conditions stipulated by law.
Article 179 of the "Civil Procedure Law" clearly stipulates: "If the party's application meets one of the following circumstances, the people's court shall retry it: there is new evidence that is sufficient to overturn the original judgment or ruling; the original judgment, The basic facts determined in the ruling lack evidence; the original judgment or ruling is indeed wrong in the application of law; the original judgment or ruling omits or exceeds the litigation claims; it violates legal procedures, which may affect the correct judgment or ruling of the case, or the judge is trying the case Corruption, bribery, malpractice for personal gain, and abuse of law. "If the party's application for retrial does not meet the above conditions, the court shall reject it after review. The party's application for retrial must also be within the time limit stipulated by law, that is, in accordance with Article 184 of the Civil Procedure Law: "A party applying for retrial shall file an application within 2 years after the judgment or ruling becomes legally effective.