In the workplace, labor disputes are inevitable. When the rights and interests of employees are infringed, labor arbitration is a common way to resolve the issue. However, sometimes even if a labor arbitration award is obtained, the employer does not enforce it. Faced with this situation, how should workers respond?
CaseRetrospective
Xiao Zhang, who works for a technology company, applied to the labor arbitration commission for labor arbitration due to the company's unpaid wages. After arbitration, the company was awarded the need to pay Xiao Zhang's unpaid wages and compensation. However, the company's delay in fulfilling the arbitral award put Xiao Zhang in a difficult situation.
In the face of the company's non-implementation, he did not know how to protect his legitimate rights and interests, nor did he know what to do next.
Internet invasion and deletion.
Coping Strategies:
First of all, Xiao Zhang needs to understand the relevant legal regulations. According to the Law of the People's Republic of China on Mediation and Arbitration of Labor Disputes, if the employer fails to perform the arbitral award, the employee may apply to the people's court for compulsory enforcement.
Prepare application materials: Zhang needs to prepare relevant application materials, including the arbitral award, application form, and evidentiary materials. These materials will serve as an important basis for applying for enforcement.
Apply to the court for enforcement:Xiao Zhang may submit application materials to the people's court with jurisdiction to apply for compulsory enforcement of the arbitral award. The court will examine the application and decide whether to admit it.
Pending the court: Once the court has accepted the application, it will be processed in accordance with the legal procedures. If the employer still fails to comply with the arbitral award, the court may take compulsory measures, such as sealing and seizing property, to ensure that the rights and interests of the employee are protected.
Reminder of the lawsuit:
When the employer does not enforce the labor arbitration award after the award, the employee does not need to be overly worried and helpless. As long as you understand the legal provisions, prepare the relevant materials, and apply to the court for enforcement, the legitimate rights and interests of the worker will eventually be protected.
Of course, we also hope that employees and employers can try their best to resolve labor disputes through negotiation and mediation, and avoid going to arbitration and litigation. However, in some cases, if the employer refuses to perform its obligations, the worker must bravely take up the law to protect his legitimate rights and interests.