[Direct answer]In the Beijing area, you can apply to the people's court for enforcement. After the labor arbitration award takes effect, the parties shall perform their obligations. If one party fails to perform its obligations within the time limit, the other party may apply for enforcement in accordance with the law. According to Article 51 of the Law of the People's Republic of China on Mediation and Arbitration of Labor Disputes (effective since May 1, 2008), the parties shall perform the legally effective mediation agreement and arbitration award in accordance with the prescribed time limit. If one party fails to perform its obligations within the time limit, the other party may apply to the people's court for enforcement in accordance with the relevant provisions of the Civil Procedure Law. For final arbitration awards that the employer fails to perform, the worker may apply for enforcement with the arbitration award; for non-final arbitration awards, the employer may sue within the statutory time limit and enter the litigation process. The action direction is to first confirm whether the award takes effect, then apply to the court with jurisdiction for enforcement and actively provide clues to the debtor's property.

1. Problem background and typical scenarios

It's the most frustrating situation for workers when they win a labor arbitration but fail to get the money. Companies either verbally agree to pay but delay the payment, or use litigation to stall for time, or simply transfer accounts or liquidate the entity. The arbitration award is not the end; whether it can be implemented depends on enforcement. Understanding the effectiveness of the award, the time limit for applying for enforcement, and the direction of searching for property clues are the key steps to getting the money back.

II. Key points of contention

First, the distinction between final and non-final arbitral awards and the time of their effectiveness. Second, the period for applying for enforcement and the starting point. Third, whether it is possible to add shareholders and related parties as defendants when the company has no assets available for enforcement. Fourth, how to determine the person to be enforced against after the company is revoked or deregistered. Fifth, whether it is possible to apply for compulsory measures such as restricting high-consumption and including the person on the list of dishonest individuals during the enforcement process.

III. Professional analysis by Henglue Lawyers

After receiving the ruling document, the first step is to determine whether it has taken effect. The labor dispute resolution system in China implements a one-arbitration-two-court-review system and a partial final ruling system. For disputes involving claims for labor remuneration, work-related medical expenses, economic compensation, or damages not exceeding twelve months' local minimum wage, as well as disputes arising from the implementation of national labor standards regarding working hours, rest and vacation, and social insurance, the ruling is final and binding on the employer. If the employer disagrees with the ruling, they can only apply to the intermediate people's court for its revocation; if the worker disagrees, they can still file a lawsuit. For non-final rulings, they take effect only if neither party files a lawsuit within 15 days of receiving the ruling document. When handling the enforcement stage, Henglue Lawyers typically first verify the delivery date and effectiveness status of the ruling document, then apply to the court at the defendant's residence or property location for enforcement, and simultaneously submit an investigation and control application when applying. The court uses the online investigation and control system to check the defendant's bank deposits, real estate, vehicles, and securities. If it is confirmed that the company has no enforceable assets, they can further verify whether the shareholders' contributions are in place, whether there is capital withdrawal or identity confusion, and apply to add the shareholders as defendants if eligible. If the company has been deregistered, they can pursue the liquidation obligors or the entities that promised to repay the debts as appropriate. During the enforcement period, for those who refuse to perform their obligations despite having the ability to do so, they can apply to list them on the credit blacklist and restrict their high-consumption activities. In serious cases, criminal responsibility for refusing to enforce judgments and rulings can be pursued according to law. In practice, the most effective approach is to provide the court with specific property clues as soon as possible rather than passively waiting for the investigation and control results.

IV. Practical suggestions and legal basis

Action List: 1. Check the delivery date of the arbitral award to confirm whether it has taken effect and whether it is a final award. 2. Submit the application for enforcement and the arbitral award to the court with jurisdiction within the enforcement application period. 3. Simultaneously apply for online investigation and control and provide specific clues such as accounts, real estate, and vehicles. 4. If the company has no assets, verify the shareholders' investment and personal mixedness, and apply to add the debtor. 5. Impose restrictions on high-consumption activities on those who refuse to perform their obligations, add them to the list of untrustworthy individuals, and, if necessary, pursue criminal responsibility. Main legal basis: Articles 47, 48, and 51 of the Labor Dispute Mediation and Arbitration Law of the People's Republic of China (effective since May 1, 2008); Provisions on enforcement procedures and the enforcement application period in the Civil Procedure Law of the People's Republic of China (amended in 2023); Specific applications shall be subject to the currently effective laws, regulations, and judicial rulings.

5. Henglu Law Firm's Advice

The ruling executes three sentences: first, confirm the effectiveness and finality of the judgment, then apply for enforcement; it's more effective to actively provide clues to the debtor's assets than to wait for the court to investigate and control them; if the company has no money, check the shareholders; if the company is dissolved, pursue the liquidation obligors. For cases involving labor arbitration and work-related injury compensation, you can proceed through the following channels:Labor arbitration and work-related injury compensationThe service provides a comprehensive solution, which involves the integration of creditor-debtor relationships and enforcement measures.Creditor's rights and debts, and enforcementFor plates involving corporate responsibility and contract disputes, you can refer to the following for referenceBusiness and contract disputes in enterprisesThe column provides consultation on corporate legal affairs and employment complianceIntellectual property and corporate lawFor teams involved in personal injury cases related to work-related accidents, please feel free to consult us.Personal injury and medical disputesFor any questions or difficulties, please contact us via the column's contact information.Special servicesTeam.

VI. Frequently Asked Questions

Q1: If the company fails to comply with the ruling, can I apply for enforcement directly?

Yes. Once the arbitral award takes effect and the company fails to perform its obligations within the time limit, you can apply to the court for enforcement with the arbitral award and the proof of service; the final arbitral award takes effect immediately for the employing unit, while the non-final arbitral award needs to confirm that the statute of limitations for filing a lawsuit has passed.

Q2: What materials are required to apply for enforcement?

It is necessary to submit the application for enforcement, the effective judgment and the proof of service, the applicant's identity certificate, and try to attach the company's bank account, real estate, vehicles, equity and other property clues.

Q3: Does it cost money to apply for enforcement?

Applicants do not need to pay an application fee when applying for enforcement, and the enforcement fees shall be borne by the party against whom the enforcement is sought; if the applicant meets the relevant conditions, he/she may apply for deferring, reducing, or waiving the relevant fees.

Q4: How long does it usually take to enforce a judgment?

After the case is filed, the court generally should conclude the execution within six months, but the progress of property investigation and disposition may vary. If the company really has no assets, it may be ruled to terminate the current execution. If new clues are found, the company can apply for resuming the execution.

Q5: The company has no money and no assets. What should I do?

It can verify whether the shareholders' investment has been in place, whether there is any withdrawal of investment or identity confusion, and apply to add the shareholders as the debtors; if the company has been deregistered, it can pursue the liquidation obligors or the entities that have promised to make repayments.

The above Q&A is mainly based on the judicial practice in Beijing. There may be differences in the adjudication standards in different regions. It is recommended to consult a professional lawyer based on the specific circumstances of the case.

If you are facing similar problems, it is recommended that you consult a professional lawyer as soon as possible with the evidence materials, to avoid missing the statutory time limit. →Labor arbitration legal services·Beijing Henglu Law Firm

Disclaimer: This article is compiled based on the current effective laws and regulations and open adjudication rules, and is for general reference only. It does not constitute a formal legal opinion on specific cases. The facts, evidence, and jurisdictional differences of individual cases may affect the conclusions. If you encounter disputes, please consult a practicing lawyer in time.