If the company wins the labor arbitration but is subsequently unable to pay the compensation, the employee can seek legal help by following these steps:
1) Wait for the company to have the ability: When there are no funds available for payment in the company's account, the employee should wait patiently until the company has the ability to pay before fulfilling the judgment.
2) Application for enforcement: If the company still fails to pay within the specified time (within three months after the effective date of the award), the employee can apply to the court for enforcement. The court has the power to seal, seize, auction and other means to pay off debts.
3) Investigate the company's creditworthiness: Workers can investigate whether the company's investors have made false capital contributions or withdrawn capital contributions. If another company owes a debt to the company and those debts are due, the worker can apply to the court to freeze the debt.
4) Application for bankruptcy reorganization: The Enterprise Bankruptcy Law allows the employee to apply to the court as a creditor for reorganization or bankruptcy liquidation of the debtor. Even in the event of bankruptcy, the employee's salary should be paid first.
5) Restriction on the exit of senior executives: According to the Civil Procedure Law of the People's Republic of China, measures to restrict the exit of the company may be imposed on the legal representative, main person in charge and other directly responsible personnel of the company.
6) Inclusion in the list of judgment defaulters: The company's legal representative can be listed as the target entity and apply to be included in the list of judgment defaulters, so as to restrict certain activities of the company.
7) Additional shareholders as judgment debtors: If it is found that the company's main assets have been transferred by shareholders or other individuals, the employee can apply to the court to add shareholders as judgment debtors, because if the shareholders have not actually paid the registered capital, they may need to bear the corresponding debt liability.
In short, when faced with the company's lack of money to pay, the employee should act step by step in accordance with the procedures prescribed by law, including but not limited to settlement negotiations, arbitration, court enforcement, and possible bankruptcy reorganization. **10,000 Fans Incentive Plan