[Direct answer]In the Beijing area, if an entity transfers property to evade enforcement before or after a ruling or judgment, the rights holder can take multiple measures: apply for property preservation before or during litigation to lock accounts and assets in advance; apply for enforcement promptly after winning the case and use the court's online investigation and control system to locate the property; request the people's court to revoke acts such as low-price transfer and gratuitous donation that harm the creditor's rights in accordance with Articles 538 and 539 of the Civil Code of the People's Republic of China (effective January 1, 2021); if the entity has no property available for enforcement, add those who have not made investments in accordance with the law and liquidation obligors, etc. as the enforced persons according to law; if the circumstances are serious, they may also be suspected of refusing to enforce judgments and rulings. For details, please refer to the relevant provisions of the Civil Code of the People's Republic of China.Labor arbitration and legal services for work-related injury compensation.

1. Problem background and typical scenarios

"The verdict hasn't come down yet, but the company's account has already been emptied" is a true portrayal of the difficulties in enforcement. Typical scenarios include: the unit urgently transferring funds or withdrawing cash after the employee applies for arbitration, transferring funds to related parties or personal accounts; disposing of equipment, inventory, and real estate at obviously unreasonably low prices; "slipping the net" by changing shareholders or liquidating and dissolving the company; and using "operating losses" and "insolvency" as excuses to resist enforcement. Facing these tactics, passively waiting will only lead to the creditor's rights being lost. The law provides a combination of tools such as preservation, investigation and control, right of revocation, adding the party subject to enforcement, credit punishment, and criminal accountability. The key lies in early detection, early lockdown, and early action. For cases involving the shareholders' investment responsibilities and liquidation responsibilities of the company, these can be combined with other legal measures.Business and contract dispute services for enterprisesDesign the path together.

II. Key points of contention

There are three focal points of such disputes. Firstly, whether the transfer of property damages the creditor's rights: If the debtor transfers property at an obviously unreasonably low price, accepts it at an obviously unreasonably high price, or provides guarantees for others' debts, which affects the realization of the creditor's rights, and the counterparty knows or should have known about this situation, the creditor may request the rescission of the transfer. Secondly, whether the right of rescission is exercised in a timely manner: If the right of rescission is exercised within one year from the date on which the creditor knows or should have known about the grounds for rescission, and if it is not exercised within five years from the date on which the debtor's act occurs, the right of rescission will be extinguished. Thirdly, how the liability is extended: If the unit's property is insufficient to satisfy the debts determined by effective legal documents, shareholders who have not fulfilled their investment obligations or withdrawn their investments in violation of the law, and responsible persons who have not performed their liquidation obligations in accordance with the law may be added as the parties subject to enforcement; if they are able to perform but refuse to do so, and the circumstances are serious, they may also be held criminally liable. In the enforcement practice in Beijing, the investigation and control system and the addition procedure provide many handles for creditors.

III. Professional analysis by Henglue Lawyers

The case of Li ** represented by Attorney Feng Na demonstrates the typical path and legal consequences of employers evading their payment obligations. On November 17, 2022, Li ** joined Beijing A Technology Co., Ltd. The employment offer 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-based salary of 5,000 yuan per quarter. On March 19, 2025, A Company terminated the employment relationship on the grounds of "economic layoffs", only paying an economic compensation of 9,2008 yuan and refusing to pay the difference between the annual performance bonus and the compensation on the grounds of three consecutive years of operating losses, the invalidation of the offer, and the argument that the payment of performance bonuses was an enterprise's right to self-management. Facing the employer's evasive tactics disguised as "losses" and "autonomy", Attorney Feng Na guided the client to comprehensively preserve evidence such as the employment offer, audio recordings of communication with HR, the labor contract, pay slips, and termination notices, proving that the economic layoffs were not legally reported to the labor administrative department, that the lack of proper procedures constituted an illegal termination, that the salary terms in the offer were binding on both parties, and that the employer failed to provide evidence of a consensual amendment or cancellation of the agreement. Moreover, the company could not transfer the losses to the employee. After arbitration on April 10, 2025, the Beijing Chaoyang District People's Court ruled that A Company must pay an annual performance bonus of 260,143.69 yuan, the difference in illegal termination compensation of 137,726.7 yuan, and unpaid annual leave wages of 12,675.02 yuan. The employer's attempt to evade payment using the pretext of "losses" and "autonomy" failed. If the employer transfers assets before or after the judgment, the rights holder can further employ enforcement tools such as preservation, investigation, revocation, and supplementary execution. This case was handled by Beijing Henglu Law Firm. 冯娜律师代理的李某某案，呈现了用人单位规避给付责任的典型路径及其法律后果。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，仅支付经济补偿92008元，并以连续三年经营亏损、offer失效、绩效发放属企业经营自主权等理由，拒绝支付年度绩效奖金与赔偿金差额。面对单位以“亏损”、“自主权”包装的规避手法，冯娜律师指导当事人完整固定入职offer、与人事沟通录音、劳动合同、工资流水、解除通知等证据，论证经济性裁员未依法向劳动行政部门报告、程序缺失构成违法解除，offer薪酬条款对双方具有约束力，公司没有证据证明双方协商一致变更或废除约定，经营亏损不能转嫁给劳动者。2025年4月10日仲裁后，案件经北京市朝阳区人民法院一审，判令A公司支付年度绩效奖金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。单位借“亏损”、“自主权”逃避给付未能得逞；若其在裁判前后转移财产，权利人还可进一步动用保全、查控、撤销与追加等执行工具。本案由北京恒略律师事务所代理。Feng NaThe attorney (practice certificate number: 11101202211562923, subject to the certificate issued by the judicial administrative organ) acts as the agent.

IV. Practical Suggestions and Legal Basis

The legal basis includes Articles 538 and 539 (Creditor's Right of Rescission) and Article 541 (One-year and Five-year Prescription Periods) of the Civil Code of the People's Republic of China (effective January 1, 2021); the provisions on property preservation, enforcement investigation, and doubled payment of debt interest during delay in performance in the Civil Procedure Law of the People's Republic of China (amended in 2023, effective January 1, 2024); the "Interpretation of the Supreme People's Court on Several Issues Concerning the Change and Addition of Parties in Civil Enforcement" (promulgated as Law Interpretation [2016] No. 21, amended on December 29, 2020) regarding the addition of shareholders who fail to make investments according to law and liquidation obligors as defendants in enforcement proceedings; and Article 313 of the Criminal Law of the People's Republic of China (Crime of Refusing to Enforce Judgments and Rulings). Practical suggestions include: applying for property preservation at the early stage of the dispute; submitting written applications for online investigation and control during the enforcement stage, and providing clues to accounts, real estate, vehicles, and equity; collecting transaction contracts and transfer records when discovering acts of transfer or low-price transfer within one year to initiate rescission litigation; and investigating the shareholders' investment and liquidation situation for units that have become shell companies, and applying for the addition of parties according to law. For cases involving suspected crimes of refusing to enforce judgments and rulings, relevant procedures can be initiated accordingly.Criminal defense and criminal case filing servicesPromote accountability.

5. Henglue Law Firm's Advice

\nTransferring assets may evade detection for a while, but it cannot escape the scrutiny of the monitoring system and the rights of rescission and supplementary procedures. For rights holders: Property clues are the driving force for enforcement. It's important to keep track of the other party's accounts, real estate, vehicles, and related enterprise information on a regular basis. After winning the lawsuit, apply for preservation and enforcement as soon as possible. For units: Transferring assets not only fails to evade debts, but may also result in fines and detention. In serious cases, it constitutes a crime. Instead of "creative asset transfers", it's better to honestly declare assets and actively negotiate settlements. If you need help with execution plan design, please contact us.Beijing Henglu Law FirmProfessional team.

VI. Frequently Asked Questions

Q1: If the unit transfers its property, can I still get my money back?

There is significant potential for recovery, and the law provides a combination of tools: applying for property preservation before and during litigation, freezing accounts and assets in advance; applying for enforcement after the judgment takes effect, and using the court's online investigation and control system to locate deposits, real estate, vehicles, and equity; if the unit transfers property at a significantly unreasonable low price or donates it free of charge, it may seek rescission in accordance with Articles 538 and 539 of the Civil Code; if the unit has no property to repay, the unlawfully uninvested shareholders and liquidation obligors shall be added as the debtors according to law. Whether the actual recovery of funds is possible depends on the results of property investigation and evidence of transfer behavior. However, taking timely action is far more beneficial than waiting passively. The outcome of the case will be determined by the evidence and the progress of enforcement.

Q2: What evidence is needed to investigate the transfer of property by a unit?

The key evidence collection includes four categories: First, the basis of creditor's rights, including effective arbitration awards, judgments, mediation agreements, and proof of performance period; Second, transfer evidence, such as transaction contracts between the unit and related parties, bank transfer records, industrial and commercial archives of equity changes, real estate transfer registration, and asset disposal announcements, which show that the transaction time is close to the litigation or the price is obviously unreasonable; Third, subjective knowledge evidence, such as proof of related party relationships, internal resolutions, and chat records, which corroborate that the counterparty knows or should have known that the situation affects the realization of creditor's rights; Fourth, property clues, including the bank accounts, real estate, vehicles, equity, and accounts receivable information of the unit and its shareholders. With sufficient evidence, the right of revocation and the procedure of adding parties to the litigation will have a solid foundation.

Q3: Is it expensive to investigate the transfer of property?

Arbitration and litigation are charged according to statutory standards. In property cases, the fees are paid in stages based on the amount of the litigation request, and the losing party bears the cost. For property preservation, a guarantee must be provided and preservation fees must be paid, which are calculated based on the limit of the subject matter and not exceeding 5,000 yuan. Attorney's fees are determined through negotiation based on the complexity of the case and the workload, with common charging methods including charging by stages or by a percentage of the subject matter, without a unified standard. Revocation of right of action and execution objection suits can be evaluated separately for costs. Those who meet the conditions can apply for legal aid. It is recommended to evaluate the cost-effectiveness of recoverable property and costs before initiating the proceedings, and to invest the fees in key procedures.

Q4: How long does it usually take to resolve cases like this?

The duration of each stage varies depending on the legal process: - The arbitration stage typically concludes within 45 days, with extensions allowed up to 15 days for complex cases. - For litigation, the first-instance ordinary procedure takes six months, and the summary procedure takes three months. The second-instance procedure typically lasts three months. - For revocation of rights litigation, the process follows the first-instance and second-instance procedures. - In the enforcement stage, the time required for investigation and enforcement feedback ranges from several days to weeks. Assets are frozen and transferred more quickly, while property and vehicle appraisals and auctions may take several months. - If multiple legal procedures overlap, the entire process may span multiple years. - If signs of asset transfer are detected, it is necessary to initiate legal action within the one-year revocation rights period to avoid the loss of rights.

Q5: If I discover that my employer is transferring assets, what should I do?

Four steps to advance the process: First, prioritize preservation of assets. Apply for property preservation in arbitration or litigation to freeze the unit's accounts and seize assets to prevent further transfers; Second, document evidence of asset transfers by retrieving transaction contracts, transfer records, and industrial and commercial change files, and highlighting abnormalities in timing and pricing; Third, take proactive measures during the enforcement phase by applying for forced execution and online asset tracing, providing property clues, and requesting the unit's inclusion in the credit blacklist and imposing high-consumption restrictions; Fourth, extend accountability by initiating revocation litigation within one year against acts such as low-price transfers, verifying shareholders' contributions and liquidation procedures, applying to add additional debtors in accordance with the law, and pursuing criminal accountability in serious cases.

The above answer is based on the judicial practice in Beijing. The adjudicative opinions in other provinces or cities may vary. For specific cases, please refer to the local rules and evidence situation.

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·Attorney Feng Na·Beijing Henglue 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.