I thought this money was completely hopeless, but I didn't expect the prosecutor to help us recover it even after the company was deregistered for so long! "Recently, after receiving more than 33000 yuan in unpaid wages and compensation for 8 years, Wang and four others thanked the prosecutor of Jurong City Procuratorate in Jiangsu Province. In 2017, a company in Jurong failed to pay the salaries of four employees, including Wang, in accordance with the law due to poor management. In May of the same year, after complaints from Wang and others, the company was administratively punished by the Jurong Municipal Human Resources and Social Security Bureau in accordance with the law. The bureau ordered the company to pay the outstanding wages in full within a specified period of time. However, after receiving the administrative decision and having other debts, the company had ulterior motives to evade responsibility by fabricating false liquidation reports and deregistering in June 2017, attempting to "erase" unpaid wages and other debts in a "golden cicada shedding its shell" manner. In February 2018, the Jurong Municipal Human Resources and Social Security Bureau applied to the court for compulsory enforcement in accordance with the law due to failure to apply for administrative reconsideration or file an administrative lawsuit within the prescribed time limit, nor to fulfill the obligation of unpaid wages. The court ruled to approve the enforcement. However, due to the company being deregistered and having no assets available for enforcement, in May 2018, the court had to rule to terminate the enforcement process, and the rights of the four workers were deadlocked. In March of this year, the Jurong City Procuratorate conducted a special supervision on the evasion of administrative penalties through malicious deregistration of enterprises. By retrieving non litigation enforcement cases involving enterprises accepted by the city's courts in recent years and the list of deregistered companies released by the city's data bureau, and comparing them with big data, clues were found that the company was suspected of evading obligations through malicious deregistration. The company can be deregistered, but shareholder liability cannot be completely erased! ”The prosecuting attorney is keenly aware that behind the malicious deregistration of a company, there is often hidden shareholder responsibility. After retrieving the industrial and commercial registration files, bank statements, and shareholder identity information of a certain company, it was found that the original shareholder of the company knowingly cancelled the company's registration with false materials despite the existence of wage debts and failure to liquidate them in accordance with the law, and engaged in malicious debt evasion behavior. According to relevant laws and regulations, if a false liquidation report is used to deceive the registration authority into handling the cancellation registration of a legal person, the shareholders of the company shall bear joint and several liability for the company's debts. In April of this year, the Jurong City Procuratorate issued a prosecutorial recommendation to the Jurong City Human Resources and Social Security Bureau in accordance with the law, suggesting that they apply to the court to add the company's shareholders as executed persons and assume joint and several liability for repayment. After receiving the suggestion from the prosecutor, the Jurong Municipal Human Resources and Social Security Bureau acted quickly and submitted an application to the court in May this year to add the executed person. The court ruled to add the original shareholder of a certain company as the debtor. Recently, after the court took compulsory enforcement measures, all four workers who had been owed labor remuneration for 8 years were fully executed. (New Society)
Edit:Wang Shu Ying Responsible editor:Li Jie
Source:Procuratorial Daily
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