Original title: Hangzhou Xiaoshan Procuratorate Pushes Forward Comprehensive Treatment of Wage Arrears in a Package (Quote)

Focus on building a new engine for procuratorial and nursing salaries (theme)

Legal Daily reporter Wang Chun Correspondent Wang Ruirui

"Prosecutor Cai, we have received the salary, and now I think about it, I regret that I did something stupid to ask for salary, thanks to your help." This is a thank-you message from a party who was involved in the theft case of migrant workers with unpaid wages after the case was settled.

Since January this year, the People's Procuratorate of Xiaoshan District, Hangzhou City, Zhejiang Province has actively responded to the deployment of the higher authorities, carried out the special supervision action of "protecting salaries and benefiting the people", and made concerted efforts in safeguarding the rights and interests of workers according to law, promoting the comprehensive treatment of the problem of unpaid wages, and achieved some results. A case of theft of migrant workers who were in arrears of wages was selected as a typical case of procuratorial organs safeguarding the legitimate rights and interests of workers according to law issued by the Supreme People's Procuratorate.

No case handling

Chen and other four people worked as rebar workers at a project site in Xiaoshan District, mainly responsible for cutting rebar and making shapes. From August to September 2023, four people were in arrears due to their wages, so they were financially strapped, so they stole reinforcement from the construction site more than 10 times, making a total profit of more than 4000 yuan.

After the case was transferred to the Xiaoshan District Procuratorate for examination and prosecution, the undertaker prosecutor found that the reason for the theft of Chen and other four people was quite special. Because the person in charge of the construction site was in arrears with his salary, he was worried that the school would not be able to pay the children's tuition fees in time in September, so he carried out the theft in an emergency. In order to further verify the above situation, the prosecutor in charge contacted the "foreman" of the construction site where Chen and other four people were located at the first time, and found the village cadres in their hometown to understand their respective family economic situation. After Chen and other four people came to the case, they all admitted their guilt and punishment, and actively returned the stolen goods to obtain the understanding of a project site. The undertaking prosecutor comprehensively considered the circumstances of his crime and finally made a decision not to prosecute Chen and other four people according to law.

In order to further resolve conflicts and safeguard the legitimate rights and interests of workers, the undertaking prosecutor has communicated with the person in charge of the construction site for many times, visited the construction site together with the local police station, and urged the person in charge of the construction site to pay the overdue salary in time. Finally, on January 30, 2024 (the 20th day of the lunar month), the person in charge of the construction site paid more than 170000 yuan in arrears for half a year to 19 reinforcement workers, including the four involved in the case, so that migrant workers could go home for the New Year.

In this case, the case prosecutor found that if the problem of salary arrears is not solved in time, it may lead to secondary problems such as theft, and it is also very easy to cause group letters and visits and social public opinion. It is urgent to take comprehensive measures to form a joint force and long-term mechanism for "class one" governance. For this reason, the Court took the initiative to report to the Political and Legal Affairs Committee of the local party committee, put forward governance suggestions, formed meeting minutes with relevant functional departments on combating suspected illegal and criminal cases such as malicious wage arrears and false wage demands, and reached consensus on issues such as the identification of the subject of responsibility, the standard of evidence for the crime of refusing to pay labor remuneration, and the issuance of work guidelines, so as to provide a strong guarantee for the eradication of wage arrears.

Regardless of group

"Helping community correction objects to ask for salary can safeguard their legitimate rights and interests, let them feel the fairness and justice of the law, and this kind of correction has a higher quality, which helps them return to society with a more positive and healthy attitude." Wang Dongming, director of the criminal execution and procuratorial department of the Xiaoshan District Procuratorate, said.

At the beginning of this year, the Xiaoshan District Procuratorate found during a field visit to the community correction object with difficulties in living in the jurisdiction that Yue, the community correction object, had participated in the construction of a project a year and a half ago, but the other party's promised labor remuneration was late to be paid. For this reason, he repeatedly pressed for no results, because he had no fixed source of income, and there were four children to support, which made life difficult, Seek help from visiting prosecutors.

After being informed of this situation, the prosecutor in charge immediately made an investigation and visit on the issue of salary arrears. After verifying that the situation was true, he communicated with the relevant functional departments and went to the enterprises involved to explain the law and reason, understand the underlying causes of the problem of salary arrears, and then made suggestions to the procuratorial committee of the enterprises involved in governance. Finally, the enterprises involved applied for special funds from their parent companies, and assigned special personnel to supervise the payment of migrant workers' wages of the general contractor to ensure that the special funds were used for their own purposes, and Yue also received the wages that had been in arrears for a long time.

Digital empowerment

"We found in the supervision and handling of cases that the absence of relevant functional departments in the supervision of enterprise labor security is an important reason for the difficulty in eliminating wage arrears disputes or cases, whether in the field of construction engineering, which is a high incidence of wage arrears, or in other fields of labor disputes." Chen Lina, the post prosecutor of the administrative procuratorial department of the Xiaoshan District Procuratorate, said.

According to the above situation, the Xiaoshan District Procuratorate carried out investigation, investigation and clue research, and preliminarily found out that 7 enterprises under its jurisdiction did not allocate the advance payment for wage related projects to the special account for migrant workers' wages in a lump sum and in full, did not allocate labor costs to the special account for migrant workers' wages every month, and the enterprises involved in the case were slow to perform civil judgments on labor disputes. Therefore, Make and issue social governance procuratorial suggestions to relevant functional departments, urge them to investigate and deal with the enterprises involved in the case according to law, strengthen the publicity of law popularization, and promote the special inspection of the operation of the special account for migrant workers' wages in the area of construction projects under their jurisdiction.

At the same time, the Xiaoshan District Procuratorate has innovatively built a big data legal supervision model of "protecting salaries and benefiting people, abiding by the law and protecting enterprises" in view of the fact that some enterprises are slow to perform the payment of labor remuneration determined by the effective judgment, and are enforced by the court without being punished by the administrative law enforcement department Key words such as compulsory transfer were screened to sort out the list of enterprises that did not pay salaries, and then collided with the business data of the market supervision and management, tax and other departments. Finally, 55 enterprises involved that were not punished by the administrative law enforcement departments were identified, and the clues were transferred to the relevant functional departments.

Zhang Lei, a full-time member of the procuratorial committee of the Xiaoshan District Procuratorate and director of the administrative procuratorial and public interest litigation procuratorial departments, said, "Our digital supervision model hopes to achieve a win-win result for three parties. On the part of workers, through the timely intervention of the administrative organs, they can get their due remuneration faster and reduce the cost of rights protection; On the enterprise side, through the supervision and guidance of the administrative organ, the enterprise can reduce the litigation risk caused by labor disputes and help the enterprise operate in compliance; In terms of judicial authorities, by strengthening the effective connection between administrative law enforcement and labor arbitration, effective judgment and litigation enforcement, we will break down information barriers between departments, reduce the waste of judicial resources, and ultimately help optimize the regional business environment. "

"Next, we will continue to work hard on the optimization and application of this model, and strive to build it into a new engine for procuratorial and nursing salaries," Zhang Lei said.