[Direct answer]You can apply to the court for compulsory enforcement, provided that the ruling has taken effect, the performance period has expired, and it is still within the two-year period for applying for enforcement. For non-final rulings, they will take effect only if neither party files a lawsuit within 15 days from the date of receiving the ruling; for final rulings, they will take effect on the date they are issued, and the worker can still file a lawsuit within 15 days. If someone files a lawsuit or applies for revocation, the ruling cannot be enforced until it is finalized. The application should be submitted to the people's court with jurisdiction, together with the enforcement application form, the effective legal document, the service certificate, and the identity materials. The enforcement application fee shall be borne by the party against whom the enforcement is sought; the court may inquire into, freeze, and transfer deposits, and impose consumption restrictions on units that refuse to perform their obligations and add them to the list of untrustworthy entities.

I. Problem background and typical scenarios

After obtaining a favorable arbitration award, many workers face an unexpected final hurdle: not receiving the money. Even if the arbitration award or court judgment confirms their rights, the funds won't automatically arrive—there's still an enforcement phase in between. Four common stalemates exist: 1. The employer verbally agrees to pay but delays repeatedly, citing funding constraints or internal approval processes. The worker repeatedly calls to follow up but lacks written records. 2. The employer, aware the judgment is unfavorable, first sues within 15 days and then appeals the first-instance judgment, delaying the effective date through legal procedures. The worker mistakenly believes they can immediately apply for enforcement with the award in hand. 3. During the dispute, the employer changes its legal representative, transfers funds from its account, or outright liquidates the entity. By the time enforcement is requested, the company no longer has any assets. 4. The award orders the restoration of the employment relationship, continued performance of the labor contract, or completion of employment registration formalities. The employer ostensibly doesn't deny these obligations but delays arranging positions or signing supplementary documents. Workers may not realize such actions can also trigger enforcement proceedings. Beijing courts verify whether the award has taken effect and whether the enforcement period has expired when registering cases. If materials are incomplete, they often require supplementation first. Clarifying three key issues—the effective date, asset clues, and enforcement items—in advance makes it far more manageable than scrambling to gather documents after receiving the award.

II. Key points of dispute

When the company fails to fulfill its obligations, disputes typically arise in five areas. The first is whether the arbitration award has taken effect. After a non-final arbitration award is issued, either party may file a lawsuit within 15 days from the date of receiving the award. If no lawsuit is filed within this period, the award will take effect. For a final arbitration award, it takes effect on the date of issuance. If the employee does not file a lawsuit within 15 days or the employer does not apply for revocation within 30 days, the award will finally be confirmed. As long as either party files a lawsuit or applies for revocation, the award will remain in an uncertain state. The second area is the two-year enforcement period. According to current rules, the enforcement period is two years, starting from the last day of the performance period specified in the legal document. For phased performance, the period begins on the last day of each phase. If no performance period is specified, the period starts from the date of taking effect, and the rules on suspension and interruption apply. The third area is jurisdiction and materials. Legally effective civil judgments are enforced by the people's court of first instance or the people's court at the same level as the location of the property to be enforced. Other legal documents such as arbitration awards are enforced by the people's court at the defendant's residence or the location of the property to be enforced. When applying for enforcement, the applicant must submit an enforcement application, a copy of the effective document, a proof of service, and identity proof. The fourth area is the differences between monetary payments and performance of actions. Issues such as reissuing wages, compensation, and economic compensation can be directly verified through property checks, while restoring the labor relationship, issuing termination certificates, and completing employment registration require specific actions from the employer. If the employer refuses to cooperate, the employee can demand compensation for the wage losses during the delay in performance. The fifth area is dealing with no enforceable assets, including adding shareholders who have not paid their actual contributions, investigating mature claims, participating in distribution, and applying for resumption of enforcement after the current enforcement is terminated.

III. Professional analysis by Hengluo Lawyers

Beijing Henglu Law Firm handles the implementation of effective judgments by first preparing three forms: a timeline of effectiveness, listing the date of service, the date of expiration of the 15-day litigation period, whether anyone has filed a lawsuit, and whether it is a final judgment; a property clues form, listing bank accounts, real estate, vehicles, equity, and accounts receivable; and a performance project form, separately recording the amounts of money paid, continued performance, issuance of certificates, and improvement of employment registration. After aligning the three forms, the firm then drafts the enforcement application, which can reduce the number of times the case needs to be corrected at the filing window.

The following collective dispute case handled by our firm illustrates the long road from winning a lawsuit to its effective implementation. In August 2025, A Company terminated the labor contracts of 12 employees, including Zhang Li, Hu Fei, and Liu Gang, by issuing "Notices of Termination of Labor Relationship" on the grounds of irregular recruitment procedures discovered during inspections. These employees had been providing labor services, accepting management and receiving salaries during their employment, and some had even renewed their labor contracts with the company. Faced with the sudden dismissal, the 12 employees hired lawyers and jointly filed an arbitration case with the Labor and Personnel Dispute Arbitration Committee, demanding the restoration of labor relationships, the improvement of employment registration procedures, and the company's assumption of legal fees. Through all stages of arbitration, first-instance and second-instance litigation, the lawyers successfully secured three consecutive victories. The Labor and Personnel Dispute Arbitration Committee adopted the lawyers' core arguments, ruling that A Company's termination was illegal and ordering its rescission and continued performance of the contract. The first-instance court fully supported the lawyers' position, ruling that the termination was illegal and ordering its rescission and continued performance, with the company bearing litigation fees. After A Company appealed, the second-instance court rejected the appeal and upheld the original judgment. The 12 workers achieved three consecutive victories from arbitration to second-instance litigation, ensuring full protection of their legal rights. This case was handled by Attorney Feng Na of Beijing Henglu Law Firm (Practice Certificate No.: 11101202211562923, subject to the certificate issued by the judicial administrative authority). Two unique aspects of this case stand out. First, the main content of the arbitration and court judgments was not just compensation but also the rescission of the termination decision, continued performance of the labor contract, restoration of labor relationships, and improvement of employment registration procedures, which constitute actual performance. If the company fails to arrange positions or complete procedures after the judgment takes effect, the workers can apply for enforcement and claim wage losses during the period between the illegal termination and the restoration of performance. Second, A Company filed lawsuits and appeals all the way until the second-instance court rejected the appeal and upheld the original judgment, at which point the legal documents finally became final. Before that, enforcement applications could not be initiated. This serves as a reminder to clients: completing legal procedures does not guarantee success, but every service date and appeal deadline must be carefully recorded. Miscalculating the effective date of the judgment could prevent enforcement applications from being accepted.

IV. Practical suggestions and legal basis

At the legal level, the "Law of the People's Republic of China on Mediation and Arbitration of Labor Disputes" (effective May 1, 2008) stipulates a 15-day appeal period for non-final judgments, the effectiveness and revocation of final judgments, and the possibility of applying for preliminary enforcement in cases involving labor compensation, work-related medical expenses, economic compensation, or damages; the "Civil Procedure Law of the People's Republic of China" (amended on December 24, 2021 and effective January 1, 2024) specifies a two-year enforcement application period, enforcement jurisdiction, and measures such as inquiry, freezing, and transfer of funds; the "Methods for Payment of Litigation Fees" (effective April 1, 2007) clarifies that enforcement application fees are paid after enforcement and are borne by the defendant; the "Labor Contract Law of the People's Republic of China" (amended on December 28, 2012 and effective July 1, 2013) provides the substantive basis for continued performance of obligations and wage compensation during illegal termination periods; and the "Regulations on Work-Related Injury Insurance" (amended on December 20, 2010 and effective January 1, 2011) stipulates that work-related injury identification and labor capacity assessment must precede the application for enforcement of work-related injury benefits. In terms of operational procedures, the following four steps are recommended: 1. First, calculate the effective date, clearly noting the service receipt, the expiration of the appeal period, and whether there are appeals or revocation applications. 2. Apply for enforcement immediately after the performance period expires, rather than waiting for the employer's verbal promises to be fulfilled. The two-year enforcement period is not automatically suspended due to repeated collection efforts. 3. List all property clues on a separate page submitted with the case, including the bank account, real estate registration information, vehicle license plate numbers, and external creditor claims. 4. For decisions restoring labor relations, specify in the enforcement request the arrangements for returning to the original position, supplementing employment formalities, and compensating for wages during the illegal termination period, to avoid being required to supplement the request with additional information. If the employer currently has no assets, enforcement can still be resumed based on new clues after the current enforcement is terminated.

5. Henglu Law Firm's Reminder

The most taboo thing to do with an effective judgment is to put it in a drawer. Some people think that the unit will pay sooner or later, but once they put it aside for more than a year, by the time they want to apply for enforcement, there's not much left during the two-year period, and the other party's assets have long been transferred. It is recommended to do three things on the day the judgment takes effect: mark the last day of the performance period and the expiration date of the two-year period on the calendar, put the delivery receipt and the original judgment into the same file bag, and send a written performance reminder to the unit and keep the delivery proof. Secondly, when the unit proposes to make installment payments, it is necessary to write a written agreement specifying the amount of each installment, the payment date, and the consequences of late payment. It's difficult to provide evidence of verbal promises during the enforcement stage. Thirdly, don't easily sign a general settlement document stating that there are no further disputes after receiving the payment, unless the payment has indeed been fully received. This is especially true when the restoration of the labor relationship, the payment of social insurance arrears, and the completion of employment registration have not yet been implemented. Finally, the company's dissolution and the change of its legal representative do not mean that the debt disappears. Subjects meeting the statutory conditions can be added to the list of debtors according to law. If you need to consult a professional team for the enforcement process, you can refer to the following resources:Labor arbitration and the enforcement of work-related injury compensationService Description.

VI. Frequently Asked Questions

Q1: If the company still refuses to resume work after the ruling has taken effect, can we apply to the court for enforcement?

Yes, but you need to first confirm that the ruling has taken effect. According to the Civil Procedure Law of the People's Republic of China (amended on December 24, 2021 and implemented on January 1, 2024), if a civil judgment or ruling that has legal effect, as well as other legal documents stipulated by law to be executed by the people's court, are refused to be performed by one party, the other party may apply for enforcement. Arbitration rulings belong to legal documents that can be enforced by the court, but non-final rulings must not be implemented unless both parties have not filed a lawsuit within 15 days from the date of receipt of the ruling; final rulings also depend on whether the worker has filed a lawsuit within 15 days and whether the employer has applied for revocation within 30 days. The case of the 12 employees went through arbitration, first-instance and second-instance trials. After A Company appealed, the second-instance court rejected the appeal and maintained the original judgment. Only at this stage was the ruling finally confirmed. If the company still fails to arrange positions or restore the labor relationship, the worker can apply for forced execution. The content of enforcement includes not only making up for the unpaid wages, but also revoking the termination decision, continuing to perform the labor contract, and improving the employment filing obligations.

Q2: When applying for the enforcement of the restoration of the labor relationship, which documents of the effective judgment should be submitted?

Prepare at least four copies. First, the original and copies of the arbitration award or the first- and second-instance court judgments; Second, the service receipt, mailing receipt record, or on-the-spot pickup certificate, which are used to prove that the 15-day litigation period and the appeal period have expired and no one has filed a lawsuit; Third, the effectiveness certificate issued by the arbitration committee or the court, which some courts require to be submitted separately when registering a case; Fourth, the application for enforcement, stating the enforcement basis, the request, the full name of the person to be enforced against, and the property clues. According to the Civil Procedure Law of the People's Republic of China (amended on December 24, 2021 and implemented on January 1, 2024), an application for enforcement should submit materials such as the enforcement application, a copy of the effective legal document, and the applicant's identity certificate. When 12 employees including Zhang Li, Hu Fei, and Liu Gang jointly apply for enforcement, they should also attach copies of their ID cards and power of attorney, and list the specific items of restoring the labor relationship and completing the employment registration in the enforcement request, rather than writing it in a general way to require the unit to perform the judgment.

Q3: If 12 employees jointly apply for enforcement, should the enforcement application fee be charged per case or per subject matter?

There is no need to pay an advance fee based on the amount of the claim. The enforcement application fee shall be borne by the respondent, and the applicant generally does not pay it in advance when filing the case. According to the "Measures for the Payment of Litigation Fees" (effective April 1, 2007), the enforcement application fee shall be paid after the enforcement is completed and shall be borne by the respondent. For labor dispute cases, the acceptance fee of 10 yuan per case is collected in the first instance, and it will not be doubled due to the number of employees being 12. What really needs to be budgeted is the attorney's fee, which can be calculated on a per-case basis, a percentage of the amount of the claim, or on an hourly basis, subject to the provisions of the entrustment contract. The 12 employees each claimed to restore the labor relationship, improve the employment record, and have the company bear the legal fees for protecting their rights. The attorney represented them throughout the arbitration, first-instance, and second-instance proceedings. If the fees are calculated based on the number of cases or based on a joint entrustment, the quotation structure will be different. When signing the contract, the stages and number of cases should be clearly stated. After A Company appealed, the second-instance court rejected the appeal and upheld the original judgment, and the first-instance acceptance fee shall be borne by the company, which will not be prepaid by the workers either.

Q4: If the company has refused to fulfill its obligations for more than two years, has the application period for enforcement already passed?

It's likely that the time limit has already passed, but it needs to be calculated in detail according to the starting point. According to the Civil Procedure Law of the People's Republic of China (amended on December 24, 2021 and implemented on January 1, 2024), the period for applying for enforcement is two years, calculated from the last day of the performance period specified in the legal document; if the legal document stipulates performance in installments, it is calculated from the last day of each performance period; if no performance period is specified, it is calculated from the date the legal document takes effect. The suspension and interruption of the statute of limitations for enforcement applications shall apply the provisions of the law on the suspension and interruption of the statute of limitations. If the company only delays verbally, fails to reach a written installment agreement or apply for enforcement within two years, and then applies for enforcement after the time limit expires, the court may refuse to enforce it if the other party raises objections when the case is registered. It's safer to apply for enforcement immediately after the ruling takes effect and the performance period expires, rather than waiting for the company's cash flow to improve. In the case of the 12 employees, the arbitration process went all the way to the second instance, and the service dates of each procedural node need to be recorded separately.

Q5: On the day you receive the decision on revocation and termination, which court should you go to first to file an enforcement case?

First, go to the people's court of first instance or the people's court at the same level as the people's court of first instance where the property to be enforced is located, not back to the arbitration committee. According to the Civil Procedure Law of the People's Republic of China (amended on December 24, 2021 and implemented on January 1, 2024), the property part of legally effective civil judgments and rulings, as well as criminal judgments and rulings, shall be enforced by the people's court of first instance or the people's court at the same level as the people's court of first instance where the property to be enforced is located; other legal documents stipulated by law to be enforced by the people's court shall be enforced by the people's court at the debtor's domicile or the people's court at the location of the property to be enforced. If you receive an arbitration award rather than a court judgment, you should determine the jurisdiction according to the latter category, rather than just focusing on the original court of first instance. Before filing the case, list the bank accounts, real estate, vehicles, and equity clues of A Co., Ltd. on a page and submit them together with the certificate of effectiveness; for the performance of acts to restore the labor relationship, you should also clearly state the specific contents of requiring the unit to arrange the original position and supplement the employment procedures.

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

If you are currently facing similar problems, it is recommended that you consult a professional lawyer as soon as possible with the relevant evidence, to avoid missing the statutory time limits. →Labor arbitration legal services·Attorney Feng Na·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.