# Court rulings must be followed; passive resistance is not acceptable

[2] Compiled from: Haicheng District People's Court, Red Star News
 
Case review
Ye was the legal representative of a certain automobile service company in Beihai, and Zhu was a former employee of the company. Zhu began working for the company as an automobile repairman on November 20, 2018. The two parties did not sign a Labor Contract, nor did the company pay social insurance contributions for Zhu.

 
 

On July 15, 2019, Zhu sustained a hand injury in an accident while working at the company and continued to work there after treatment. Zhu's average monthly salary was 4,000 yuan, with each month's salary paid in the following month, either by bank transfer or in cash.
 
Zhu claimed that he had an employment relationship with the company. In October 2019, the company failed to pay Zhu wages of 1,000 yuan, after which it paid 300 yuan, leaving 700 yuan unpaid.
 
Zhu worked normally at the company until November 25, 2019, and the company did not pay his November 2019 wages. On December 1, 2019, the company sent Zhu a text message informing him that due to his age, he was no longer required to go 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 an employment relationship existed between the parties from November 20, 2018 to November 19, 2019; the company shall pay Zhu a wage differential of 700 yuan for October 2019; the company shall pay Zhu a double wage differential of 40,328.5 yuan for the period from December 20, 2018 to November 19, 2019 for failing to sign a written employment contract.
 
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 automobile service company and Zhu had an employment relationship from November 20, 2018 to November 19, 2019; the company shall pay Zhu a wage differential of 700 yuan for October 2019; the company shall pay Zhu a double wage differential of 33,640 yuan for the period from December 21, 2018 to November 19, 2019 for failing to sign a written labor contract; and the company's other claims were dismissed.
 
The company, dissatisfied with the first-instance judgment, appealed to the Beihai Intermediate People's Court. On September 7, 2020, the Beihai Intermediate People's Court issued a second-instance judgment: the appeal was dismissed and the original judgment was upheld.
 
 
[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.
 
On the afternoon of December 29, Ye arrived at the court with several employees, carrying four sacks filled with coins. Ye claimed that the bags contained a total of 2-yuan coins, which were intended for the execution of a judgment.

 
 

The Haicheng District Court issued a penalty decision against Ye for his actions: Ye, the legal representative of the defendant company, brought four bags of coins to the court on December 29, 2020. This passive resistance severely obstructed the enforcement work of the court's judicial personnel. 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, it was decided to impose a fine of 50,000 yuan on the automobile service company.
 
 
[1] The author's perspective
In this case, Ye used 2-yuan coins to comply with the judgment, which clearly demonstrates bad faith on his part. The focus of this case should not be on the court's refusal to accept coins, but rather on whether the party subject to enforcement engaged in passive resistance.
 
[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.