Special correspondent Zhang Hanran reported that a few days ago, former Liao football players, coaches, team doctors and other staff filed a lawsuit with the Shenyang Heping District Court, and the first instance of the case of claiming wage arrears has been resolved, and the first batch of 18 prosecutors won the case. However, because the losing party, Liaozu Club, was already insolvent and unable to fulfill its repayment obligations, the case encountered difficulties in enforcement. It is understood that the former staff of Liaozu has changed the team of lawyers and is ready to sue again for salary.
The first 18 people won the case
In the Liaozu wage arrears case, a total of 32 lawsuits were filed, including 11 players, 14 coaches, 7 team doctors and other staff, involving an amount of more than 30 million yuan. Since the amount of litigation for each person is different, Liaoning Yingshen Law Firm, which undertook this case, filed a lawsuit with the court in separate persons and batches. Wang Jinbing, the lawyer representing him, revealed that in the verdict pronounced about a month ago, the Shenyang Heping District Court pronounced a verdict in favor of the first batch of 18 former Liaozu personnel who were seeking salaries.
In the lawsuit, the plaintiffs requested the court to hold Hongyun Group Co., Ltd. jointly and severally liable for the above debts, and they stated that before the lawsuit was brought to court, they had submitted an arbitration application to the Arbitration Commission of the Chinese Football Association, but the arbitration commission did not accept it on the grounds that the Liaoning Football Club had been disqualified from registration; they also applied to the Liaoning Provincial Labor and Personnel Dispute Arbitration Commission for labor arbitration, which was also inadmissible.
The person in charge of the losing Liaozu Club admitted the fact of salary arrears at the trial, but at the same time, he said that according to the "Constitution of the Chinese Football Association", the Football Association should conduct a financial review of the Liaoning Football Club, and every year Liaozu participates in the Chinese First Division and the Chinese Super League, and also conducts a qualification review, so the finances of the Liaoning Football Club are independent, Hongyun Group is only one of the sponsors of the Liaoning Football Club, and the Liaoning Football Club still owes a lot of money to the Hongyun Group.
In the written reply submitted by Hongyun Group, it was mentioned that the Liaoning Football Club must undergo strict financial independent audit by the Chinese Football Association every year, and if there is no financial independence, it will be disqualified. Hongyun Group and Liaozu Club are independent limited liability companies, there is no cross-shareholding phenomenon, and both have legal personality independence. The reason for today's situation is that Hongyun Group itself has no ability to invest in Liao football clubs anymore.
It's still hard to get to the point of money
Winning the lawsuit can be described as a victory in the first battle, but the lawyer Wang Jinbing was helpless, "The first batch of 18 people won the lawsuit, and it is estimated that the remaining 14 people will also win the lawsuit." However, the Liaozu Club, which lost the lawsuit, has long been insolvent and on the verge of bankruptcy, and if there is money to pay it back, the salaries of the players cannot be returned at present. We have negotiated with our clients that they will no longer represent their cases, and they will change their teams of lawyers and continue to appeal for wages. ”
Wang Jinbing said in a previous interview that the Liaozu players want to ask for salaries and can only ask hongyun group for money. As long as it can be proved that there is a mixture of corporate personalities between the Liaozu Club and the actual controller Hongyun Group, then even if the Liaozu Club goes bankrupt and is unable to repay the wages owed, the Hongyun Group is also responsible for remunerating the players' arrears of wages. Under normal operation, the investors of a club have contributed funds in place, the capital operation is very standardized, and if it is finally bankrupt, then the normal business behavior of the enterprise can indeed end. However, judging from the previous business behavior of Liaozu Club, they have an unclear relationship with Hongyun Group. Therefore, once the legal route is taken, the player's salary target should be the Hongyun Group.
From the current point of view, the loser is the Liaozu Club, so the players still can't get the unpaid wages.
Won the lawsuit, but want to return the salary is still a huge problem, the former Liaozu goalkeeper Guo Chunquan said: "We have changed the legal team, ready to continue to go through the legal process, continue to sue Hongyun Group, to bear the repayment of the arrears of wages, we will stick to it." ”
When talking about how confident he is about getting back the salary arrears, Guo Chunquan said: "Although I know that it is difficult, I am still very confident. At present, so many clubs in the country are maliciously in arrears of wages, and this atmosphere should not be encouraged. ”
Speaking of the next step, Guo Chunquan said that in addition to continuing to follow the legal procedures, the team members will also join forces to find relevant departments to continue to reflect the problem, "Now it is useless to look for the Chinese Football Association, and it is not accepted many times, we will reflect to the higher departments, hoping to attract attention and solve the problem." ”
The Liaoning Provincial Sports Bureau owns 20% of the shares of The Liaoning Football Club, and some players of the Liaoning Football Club have been reflecting problems to them. A staff member of the Provincial Sports Bureau said that Hongyun Group and Liaozu Club have special departments to deal with the problem of wage arrears, and the most appropriate way at present is to take legal procedures.
It is reported that the Liaoning Provincial Sports Bureau has been trying to find ways to assist in arranging Hongyun Group, Liaoning Football Club, players and coaches to solve relevant matters.