[Direct answer]In the Beijing area, after the arbitral award or judgment takes effect, if the party obligated fails to perform within the time limit, the other party may apply to the people's court for enforcement according to law, and the period for applying for enforcement is two years. According to Article 51 of the "Mediation and Arbitration Law of the People's Republic of China on Labor Disputes" (implemented on May 1, 2008), if a party fails to perform the effective mediation agreement or arbitral award within the time limit, the other party may apply for enforcement in accordance with the relevant provisions of the Civil Procedure Law, and the accepting court shall enforce it according to law. Disputes over the recovery of labor remuneration, economic compensation, etc. that do not exceed the amount of twelve months of the local minimum wage are subject to final arbitration. The final arbitral award shall take effect from the date it is made; the non-final arbitral award shall be enforced after being confirmed through litigation procedures. It is necessary to prepare the effective documents, proof of effectiveness, and clues to the property, and apply for enforcement in time. For more details, please refer to the relevant provisions.Labor arbitration and legal services for work-related injury compensation.

1. Problem background and typical scenarios

"Winning the lawsuit but not getting the money" is a common pain point in labor rights protection. Typical scenarios include: the employer transferring account funds or changing its business location after the ruling takes effect, ignoring the reminder; the employer verbally promising to pay in installments but actually delaying the payment; the employer only fulfilling part of the obligation and refusing to pay the remaining amount; and the party believing that "the lawsuit is only considered successful after it's completely won", missing the opportunity for enforcement. It should be noted that the effective arbitration mediation agreement, ruling, and court judgment and ruling all have the same enforceability. The right holder does not need to file a lawsuit again and can directly initiate the enforcement procedure. For cases involving employers with no assets available for enforcement and where shareholder liability needs to be pursued, the parties can cooperate with each other to resolve the issue.Creditor-debtor relations and enforcement case servicesPromote them simultaneously.

II. Key points of contention

The disputes in the execution phase mainly focus on three points. Firstly, whether the execution basis is effective: the final arbitral award takes effect from the date it is made, and the non-final arbitral award takes effect after being confirmed by the first and second instance courts; if one party appeals against the arbitral award, the arbitral award shall not take effect and shall be executed according to the judgment. Secondly, execution jurisdiction and statute of limitations: the application for execution should be submitted to the people's court with jurisdiction, and the application period for execution is two years, calculated from the last day of the performance period specified in the legal document; if the application is made after the time limit, it may not be accepted. Thirdly, execution measures and defenses: the court may, in accordance with the law, inquire into, freeze, and transfer deposits, seize and auction property, and take measures such as restricting the debtor from high-consumption activities and including the debtor in the list of dishonest people; if the debtor raises a defense of performance or an objection to execution, the case shall be reviewed through legal procedures. In the execution practice in Beijing, the execution monitoring system provides quick feedback and wide coverage, and timely filing of the case is the key.

III. Professional analysis by Henglue Law Firm

The case of Li ** represented by Attorney Feng Na fully demonstrates how the basis for arbitration, judgment, and enforcement is formed. On November 17, 2022, Li ** was employed by Beijing A Technology Co., Ltd. The offer letter stated an annual salary of 550,000 yuan, including an annual performance bonus of 110,000 yuan. The labor contract stipulated a base salary of 35,000 yuan per month and a performance bonus of 5,000 yuan per quarter. On March 19, 2025, A Company terminated the employment relationship on the grounds of "economic layoffs" and paid an economic compensation of 9,080 yuan. Li ** claimed that the layoffs were not reported to the labor administrative department and were illegal terminations, and that the performance bonuses should be paid according to the offer letter. On April 10, 2025, Li ** applied for arbitration to the Beijing Chaoyang District Labor and Personnel Dispute Arbitration Committee. The arbitration committee issued Arbitration Award No. [2025] No. 2XXX0 in Beijing Chaoyang District, confirming the employment relationship and ordering the payment of 18,602 yuan for unpaid annual leave and 91,821 yuan for the difference in illegal termination compensation. Since neither party was satisfied with the arbitration award, the case was brought to the Beijing Chaoyang District People's Court. The first-instance court ruled that A Company failed to complete the statutory pre-procedures for economic layoffs and terminated the employment relationship illegally. It accepted the performance bonus provisions in the offer letter and calculated the compensation based on the actual employment period, ordering the payment of 260,143.69 yuan in annual performance bonuses, 137,726.7 yuan in the difference in illegal termination compensation, and 12,675.02 yuan in unpaid annual leave wages. After the judgment comes into effect, if A Company fails to fulfill the above-mentioned payment obligations within the time limit, Li ** may apply for enforcement based on the effective judgment. This case highlights that effective legal documents are the only gateway to enforcement. The earlier the case is filed, the earlier the assets can be traced and frozen. This case is handled by Beijing Henglu Law Firm. 冯娜律师代理的李某某案，完整展现了从仲裁到判决、执行依据如何形成的过程。2022年11月17日，李某某入职北京A科技有限公司，offer载明年薪55万元、含年度绩效奖金11万元，劳动合同约定基础工资35000元/月加绩效工资5000元/季。2025年3月19日，A公司以“经济性裁员”为由解除劳动关系并支付经济补偿92008元；李某某主张裁员未向劳动行政部门报告、属违法解除，应按offer支付绩效奖金。2025年4月10日，李某某向北京市朝阳区劳动人事争议仲裁委员会申请仲裁，仲裁委作出京朝劳人仲字[2025]第2XXX0号裁决书，裁定确认劳动关系、支付未休年休假工资18602元与违法解除赔偿金差额91821元；因双方均不服裁决，案件诉至北京市朝阳区人民法院。一审法院认定A公司未完成经济性裁员的法定前置程序、解除违法，采信offer中的绩效奖金约定并按实际在职时间折算，判令支付年度绩效奖金260143.69元、违法解除赔偿金差额137726.7元及未休年休假工资12675.02元。判决生效后，若A公司逾期不履行上述给付义务，李某某即可凭生效判决申请强制执行。本案提示：生效文书是执行的唯一门票，早一天立案，早一天查控。本案由北京恒略律师事务所代理。Feng NaThe attorney (practice license number: 11101202211562923, subject to the document issued by the judicial administrative organ) acts as the agent.

IV. Practical suggestions and legal basis

The legal basis includes Article 47 of the "Mediation and Arbitration Law of the People's Republic of China on Labor Disputes" (effective May 1, 2008) regarding the scope of final arbitration; Article 48 regarding the right of workers to file a lawsuit within 15 days from the date of receipt of the arbitration award; and Article 51 regarding the enforceability of arbitration awards and judgments; as well as the provisions of the "Civil Procedure Law of the People's Republic of China" (amended in 2023 and effective January 1, 2024) regarding the two-year enforcement period, the doubling of interest on debts during delayed performance, and enforcement investigation measures. Practical suggestions: - Confirm the status of the legal document's effectiveness. Final arbitration awards take effect upon delivery, and judgments are deemed final if no appeal is filed within the appeal period. - Prepare the application form, effective legal documents, proof of effectiveness, and information about the parties and assets. - Submit the application to the court with jurisdiction over the defendant's residence or the location of the defendant's assets. - After case registration, proactively provide clues such as bank accounts, real estate, vehicles, and equity, and cooperate with online enforcement investigations. - If the defendant transfers assets, simultaneously apply for preservation measures, exercise the right of revocation, or add relevant responsible parties. - If the defendant is suspected of refusing to perform effective legal documents and constitutes a crime, proceed with legal action accordingly.Criminal defense and criminal case filing servicesEvaluate the path.

5. Henglue Law Firm's Reminder

Execution is the final step to turn "theoretical rights" into "real money". Workers should pay attention to two key points: the effective date of the document and the two-year period for applying for enforcement. Missed deadlines will not be accepted. When the unit delays enforcement, don't just verbally urge them. Apply for enforcement and promote investigation and control in time. For units with no property available for enforcement, the court may terminate the current enforcement procedure, but the creditor's rights will not be extinguished. If new property is found, the enforcement can be resumed. If you need to design an enforcement plan, you can contact us for assistance.Beijing Henglu Law FirmA professional team was involved in the process.

VI. Frequently Asked Questions

Q1: If the unit fails to perform its obligations after the arbitral award takes effect, can it be directly enforced by compulsory execution?

Yes. According to Article 51 of the Law of the People's Republic of China on Mediation and Arbitration of Labor Disputes, the parties to a legally effective mediation agreement or arbitration award shall perform their obligations 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, and the people's court accepting the application shall enforce the award in accordance with the law. Note that the effective rules of the two types of arbitration awards are different: for disputes such as seeking labor remuneration, economic compensation, or compensation not exceeding the amount of twelve months of the local minimum wage standard, the arbitration award is final and effective from the date it is made; for non-final arbitration awards, if one party sues within the statutory time limit, the award shall be enforced in accordance with the court's judgment. The period for applying for enforcement is two years, starting from the last day of the performance period.

Q2: What materials are required to apply for enforcement?

The core materials include: an enforcement application (stating the enforcement request, facts and reasons); an effective arbitration award or mediation agreement; court judgments and rulings, etc. as the basis for enforcement; proof of service of documents and proof of effectiveness (a final award can corroborate that no lawsuit was filed after the expiration of the appeal period); the applicant's identity certificate; the subject information of the party subject to enforcement (unit name, domicile, unified social credit code); and property clues (bank accounts, property addresses, vehicle license plates, equity, accounts receivable). The materials should specify the request for interest on delayed performance and the responsibility for enforcement costs. If the materials are complete and clearly targeted, the registration and investigation and control will proceed faster.

Q3: Is there a fee for applying for enforcement, and how much is the lawyer's fee?

Applicants do not need to prepay the enforcement application fee. This fee shall be borne by the defendant, and it will be deducted from the enforcement proceeds after the enforcement is completed. Lawyer's fees are determined through negotiation between the law firm and the client, depending on the subject of enforcement, the difficulty of locating the property, and the workload. Commonly, fees are charged on a stage-by-stage basis or as a percentage of the recovered amount, with no unified standard. Those who meet the requirements can apply for legal aid. The actual appraisal fees, auction fees, and announcement fees incurred during the enforcement shall be borne by the defendant or paid from the disposal proceeds in priority. Before entrusting the law firm, it is recommended to clarify the charging items, stages, and refund conditions with the law firm.

Q4: How long does it take from applying for enforcement to actually receiving the money?

It depends on the financial status of the unit. After the case is filed, the court will use the enforcement investigation system to check the unit's assets, including bank deposits, real estate, vehicles, and equity interests. The feedback usually takes several days to weeks. If the unit has bank deposits, the funds will be frozen and transferred relatively quickly. For assets such as real estate and vehicles, the evaluation and auction process may take several months. If the unit has no assets at all, the court may terminate the current enforcement procedure. Once assets are discovered, the court can apply to resume the enforcement process. The unit and its relevant responsible persons may also be subject to restrictions on high-consumption activities and be added to the credit blacklist. Overall, the process typically takes one to three months, but complex cases may extend beyond a year.

Q5: If the unit refuses to pay after the ruling takes effect, what should I do first?

There are four steps to proceed: First, confirm the effectiveness of the judgment, check the type of the judgment (final or non-final), the time of service and the appeal period, and obtain the certificate of effectiveness; Second, issue a written reminder and keep the trace of service to fix the evidence of the other party's delay; Third, within the two-year period for applying for enforcement, apply to the court with jurisdiction for enforcement, and submit the application form, the effective document, the principal information and the clues to the property; Fourth, continue to follow up after the case is registered, cooperate with the investigation and control, provide clues to the property, and, if the unit transfers the property, apply for preservation in time, exercise the right of revocation, or add relevant responsible persons according to law.

The above content is based on the compilation of judicial practices in the Beijing area. The facts of individual cases and the jurisdiction of the court may affect the conclusions. Welcome to consult Henglue Lawyers about specific situations.

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

Disclaimer: This article is compiled based on current laws and regulations and publicly available 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 a timely manner.