It is understood that Zetian Ruiying Investment Partnership in Ningbo Meishan Bonded Port Area, as the transferee, obtained the creditor's rights in six cases, including the financial loan contract dispute between Shantou Branch of China Construction Bank Co., Ltd., Yuan Di Co., Ltd. and Li Tingfu, on August 22, 2007.
On February 6, 20 17 and May 4, 20 18, Zetian Ruiying Enterprise, as the executor of the application, applied to Guangzhou Maritime Court for sealing up and auctioning the executors of Yuan Di Company, including Dixiang, Judie, Dickun, Sheng Di, Dihe and Gandhi. As there are still more than 100 crew members on these six ships whose wages have not been paid, these crew members are more emotional after learning the information of the ship's detention, and they have expressed their request for legal rights protection to the Guangzhou Maritime Court.
After the case was put on file, in order to protect the legitimate rights and interests of the crew, the Guangzhou Maritime Court opened a green channel, and immediately evaluated and auctioned five ships in line with the principle of "quick establishment, quick trial and quick execution" of crew labor contract disputes.
2065438+On August 23rd, 2008, the 10,000-ton cargo ships "Dikun" and "Sheng Di" were auctioned on Taobao. The total price was 654.38+636 billion, and the average premium rate was 9 1%. Less than three hours before the end of the racquet, Guangzhou Maritime Court received news from Weihai Maritime Bureau of Shandong Province that two rounds of "Dijian" and "Dixiang" ran aground on 20 18 due to Typhoon Wambia. Guangzhou Maritime Court decisively suspended the online auction procedure, and sent people to Weihai to inform both parties of the decision of the meeting in time, hoping that it would cooperate with the maritime administrative organ to handle the follow-up work, lay a solid foundation for the subsequent ship evaluation, auction and dispute settlement, and effectively protect the legitimate rights and interests of bidders and both parties.
During the auction, due to the typhoon, "Dijian" and "Dixiang" ran aground and the auction was suspended. According to the law, the wages of 50 crew members of "Dikun" and "Sheng Di" are given priority in the auction money and can be compensated according to law. However, the salary of 58 crew members of Judie and Dixiang, 24 1495 1 yuan, is difficult to be compensated in the above auction money, but must be cashed in the next two rounds of auction money. The salary of the crew of Gandhi has not been cashed, which leads to a big psychological gap and great emotions among the crew. In this regard, the Guangzhou Maritime Court attached great importance to maintaining the stability of local social order and safeguarding the legitimate rights and interests of the crew. It worked with creditors many times and finally obtained their consent to solve the salary problem of Yuan Di Company 170 crew members in a package from the above auction money.
20 18124 October, Guangzhou maritime court held an executive collegial panel meeting to give priority to the payment of the crew's wages from the ship auction money according to law, and 170 crew * * * got a salary of 70 10005 yuan.
2065438+081October 30th, 10, and "Dihe" was auctioned at 3 1 ten thousand yuan. After the whole auction, in order to ensure that every crew member can get full salary, two comrades, Yang Liangsheng and Luo Zheng, the executive policemen of Guangzhou Maritime Court, informed the crew agent of this series of cases in time to determine the number of crew members and basic information, and applied for the assistance of the executor in the follow-up work such as crew salary payment. The court will transfer it to each crew member's account by bank transfer.
Wang Yufei, member of the party group and vice president of Guangzhou Maritime Court, said that in cases involving people's livelihood, such as crew wage disputes, the court emphasized both fairness and efficiency, and both enforcement and relief. In these crew wage cases, the institute always adheres to the principle of justice for the people and ensures that the legitimate rights and interests of each crew member are fully protected when the case is closed. Considering that the Spring Festival is approaching, in order to let the crew go home for the New Year with peace of mind, priority should be given to the payment of crew salaries from the ship auction money according to law, so as to resolve conflicts and disputes in time and eliminate hidden dangers.