# Court rulings must be followed; passive resistance is not acceptable
[2] Compiled from: Haicheng District People's Court, Red Star News
Case review
[3] Ye Mou is the legal representative of Beihai a certain Automotive Service Co., Ltd., and Zhu Mou is a former employee of the company. Zhu Mou started working at the company as an auto repair worker on November 20, 2018. The two parties did not sign a labor contract, and the company did not pay social insurance for Zhu Mou.
[4] On July 15, 2019, Zhu Mou injured his hand in an accident while working at the company and continued working after treatment. Zhu Mou's average monthly salary was 4,000 yuan, paid the following month via bank transfer or cash.
[5] Zhu Mou claims that the relationship with the company constitutes an employment relationship. In October 2019, the company owed Zhu Mou 1,000 yuan in wages, later paid 300 yuan, leaving 700 yuan unpaid.
[1] Zhu worked normally at the company until November 25, 2019, and the company did not pay the November 2019 salary. On December 1, 2019, the company sent a text message to Zhu, informing him that due to his age, he was no longer required to come to work.
[2] Zhu applied for labor arbitration with the Beihai Labor and Personnel Dispute Arbitration Committee regarding the confirmation of the labor relationship, wage difference, and double wage difference dispute with the company.
[1] Relevant laws and regulations
[3] Article 10 of the Labor Contract Law of the People's Republic of China: To establish a labor relationship, a written labor contract shall be concluded.
[4] If a labor relationship has been established but a written labor contract has not been concluded at the same time, a written labor contract shall be concluded within one month from the date of employment.
[5] If the employer and the worker conclude a labor contract before employment, the labor relationship shall be established from the date of employment.
[6] Article 82
If an employer fails to conclude a written labor contract with a worker for more than one month but less than one year from the date of employment, the employer shall pay the worker twice the monthly wage.
Article 1 of the Notice on Establishing Labor Relations
Where an employer hires a worker without concluding a written labor contract, but the following conditions are simultaneously met, a labor relationship is established.
(1) The employer and the worker meet the subject qualifications prescribed by laws and regulations;
(2) The various labor rules and regulations formulated by the employer according to law apply to the worker, and the worker is subject to the employer's labor management and engages in paid labor arranged by the employer;
(3) The labor provided by the worker is an integral part of the employer's business.
Arbitral award
The labor arbitration tribunal confirmed that the parties had an employment relationship from November 20, 2018, to November 19, 2019; the company shall pay Zhu a wage difference of 700 yuan for October 2019; the company shall pay Zhu a double wage difference of 40,328.5 yuan for failing to sign a written labor contract from December 20, 2018, to November 19, 2019.
The auto service company, dissatisfied with the arbitral award, filed a civil lawsuit with the Haicheng District Court.
Court judgment
On June 1, 2020, the Haicheng District Court issued a first-instance civil judgment: confirming that a certain Beihai auto service company and Zhu had an employment relationship from November 20, 2018, to November 19, 2019; the company shall pay Zhu a wage difference of 700 yuan for October 2019; the company shall pay Zhu a double wage difference of 33,640 yuan for failing to sign a written labor contract from December 21, 2018, to November 19, 2019; and dismissing the company's other claims.
The company, dissatisfied with the first-instance judgment, appealed to the Beihai Intermediate People's Court. On September 7, 2020, the Beihai Intermediate Court issued a second-instance judgment: dismissing the appeal and affirming the original judgment.
[1] Execution phase
[2] Zhu applied to the Haicheng District Court for enforcement based on the effective judgment, but the defendant company had not fulfilled the obligations determined by the effective legal document.
[3] On the afternoon of December 29, Ye brought several employees, carrying four sacks filled with coins to the court. Ye stated that the sacks contained 2-yuan coins, which were used to execute the judgment.
[4] The Haicheng District Court issued a penalty decision against Ye's actions: Ye, the legal representative of the defendant company, brought four sacks of coins to the court on December 29, 2020. This passive resistance behavior seriously hindered the court's judicial staff in their enforcement work. In accordance with Article 111, Paragraph 1, Item (5) of the Civil Procedure Law of the People's Republic of China and other relevant provisions, the court decided to fine the automobile service company 50,000 yuan.
[1] The author's perspective
[5] In this case, Ye used 2-yuan coins to execute the judgment, clearly demonstrating a malicious subjective attitude. The key point of this case is not that the court refused to accept the coins, but whether the defendant engaged in passive resistance behavior.
[6] Fulfilling the obligations determined by effective legal documents is the responsibility of every citizen. The party's attitude toward fulfilling obligations and passive resistance behavior caused great inconvenience to the court's work, affected work efficiency, and wasted judicial resources. We call on parties to understand and cooperate with the court's enforcement work, fulfill obligations, and repay in good faith. If dissatisfied with the judgment, they can seek resolution through appeals or retrials, and must not challenge the judiciary or cross the boundaries of law and morality.
Establish a good mindset of respecting the judiciary, believing in the law, and upholding morality to avoid similar behavior. Otherwise, intentional obstruction of enforcement or malicious performance of obligations may result in fines or detention by the court based on the severity of the circumstances, and if a crime is constituted, criminal liability will be pursued according to the law.
