12,000 yuan can make high-tech enterprises face powerful enemies? Baoshan takes the lead in exploring this mechanism to solve corporate difficulties
How could a mere 12,000 yuan put a high-tech enterprise in Shanghai at risk? It turns out that what is involved here is not only an unpaid salary, but also directly related to the credit rating of the company.
Currently, credit evaluation is becoming more and more important to business entities. In order to help companies that have proactively fulfilled effective judgments to "clear their names", recently, the Shanghai Baoshan District People's Court and the District Development and Reform Commission took the lead in exploring a judicial credit positive incentive data sharing and co-governance mechanism in the city.
It all started in December last year. The Shanghai Baoshan District Labor and Personnel Dispute Arbitration Commission arbitrated the annual leave salary dispute between a technology company and its employee Mr. Shen. The company must pay Mr. Shen’s untaken annual leave salary of more than 12,000 yuan within 5 days from the effective date of the award. Because the company failed to fulfill its payment obligations in a timely manner, Mr. Shen applied to Baoshan Court for enforcement.
After receiving the execution notice from the court, Mr. Ma, the company's legal affairs officer, immediately contacted the execution judge, hoping that the court would suspend the enforcement measures and promise to implement them immediately. After verification by the court, the company failed to perform its payment obligations in a timely manner in accordance with the award due to personnel changes in its financial staff, which led to errors in work handover. Subsequently, the company paid the case payment to the court account as soon as possible, and the case was completed within ten days after the case was filed. After the case was concluded, at the technology company’s application, the Baoshan Court issued a “Certificate of Automatic Performance” to it in January 2024.
"If we want to participate in government project bidding, evaluation and rating activities, as long as the other party sees that our cases have entered the enforcement stage, it is likely to affect our company's credit evaluation. This is a very big restriction." Mr. Ma said that although the company has taken the initiative to fulfill the ruling, it is difficult for us to defend ourselves in this situation immediately.
Zhang Yulin, the executive judge in the case, learned that this is not just a “one-family problem” for this technology company, but a dilemma currently faced by many businesses, individuals and other business entities. It turns out that the "Certificate of Automatic Performance" is just a credit certification document issued by the court. Public departments such as the government cannot obtain it through online public credit report inquiries, so it can easily have a negative impact on business operations.
To this end, the Baoshan Court contacted the District Development and Reform Commission and proposed to upload the information of the court's "Automatic Performance Certificate" to the public credit information service platform. This would not only make the credit evaluation system more comprehensive, accurate and objective, but also make the automatic performance Obligated business entities enjoy credit dividends and give full play to the governance effectiveness of judicial data.
On January 19 this year, after continuous communication and improvement, the Baoshan Court and the District Development and Reform Commission took the lead in exploring and formulating a judicial credit positive incentive data sharing and co-governance mechanism that began to operate and was officially launched recently.
The person subject to execution who actively performs and has no other enforcement cases can submit an application for "Credit Information Restoration" to the Baoshan Court. The application will explain or display the automatic performance in the credit data report. The court will conduct a preliminary review of the application and review the application for those who meet the conditions. The applicant prepares a data online element table in accordance with the information data specifications, and then converts the offline judicial credit materials into online electronic data through the government affairs line, and relies on the public credit information platform to embed it into the public credit information report of the operating entity.
After the credit data is reviewed by the Baoshan District Development and Reform Commission, the data is shared through the one-stop platform and displayed in the ninth item of the public credit report. Government and other bidding units or other public functional departments can directly check the credit status of operating entities through websites such as Credit Baoshan, Credit Shanghai, and Credit China.
"Through this mechanism, the basis for credit evaluation can be enriched and improved, and the linkage of offline and online information can also maximize the effectiveness of the "Automatic Performance Certificate" in positively stimulating the credit of business entities." Vice President of Baoshan Court Chen Li said.
