Civil administrative procuratorate
Jiujiang, Wuhu: Support for prosecution makes the old man with a "salary" knot
Time: July 15, 2022 Author: News source: [Font size: large | in | Small

   "We are old enough to do the hardest and most tiring work, and we have to be delayed in our wages." "We have not signed a contract, and we are too old to sign it. Now there is no evidence!" "This is our hard-earned money. We really have no way, and you must help us." In late June 2022, Zhang and other nine elderly people walked into the gate of the People's Procuratorate of Jiujiang District, Wuhu City, and complained bitterly to the prosecutor.  

   Brief Introduction  

   It turned out that Zhang and others were all 60 years old, including five women over 70 and two women with intellectual disabilities. They were employed by a cleaning service company to do cleaning work in a tourist attraction in the area under their jurisdiction. They agreed to settle cleaning wages in the next month, but the wages in August and September 2021 had been in arrears. At the beginning, Zhang and others were able to contact the person in charge of the company, but later found that the phone could not be reached and the person could not be found, so they went to the procuratorial organ for help.  

   Procuratorial performance  

   After understanding the case, the Jiujiang District Procuratorate decided to accept the case by supporting the prosecution. After the case was accepted, the Procuratorate of Jiujiang District held a simple hearing on the facts of the case, and went to the company to investigate and verify at the first time, understand the salary arrears of the case, and listen to the opinions of both parties. The person in charge of the property company said that it was a fact that the salary of 6 people including Zhang was in arrears. The salary could not be paid in time due to the departure of manager Tao, who previously managed the salary of Zhang, and the company's payment collection problem. Until the elderly reported to the procuratorate, the salary was in arrears for nearly one year.  

   In order to recover the hard money of nine elderly people including Zhang in time, the Jiujiang District Procuratorate decided to support nine elderly people including Zhang in bringing a lawsuit. The elderly are relatively old and have limited educational level. In order to fully protect their legitimate rights and interests and demonstrate judicial warmth, on the one hand, the Jiujiang District Procuratorate collected relevant evidence materials such as the bank records and wage payment records of the elderly, And contact the Legal Aid Center to support the prosecution; On the other hand, we interviewed the person in charge of the company, found Tao who had left the company, asked him to provide the work evidence of the relevant personnel, explained the law and reasoned about him, and told him that he should fulfill his obligation to pay labor remuneration in a timely manner.  

   In order to help the elderly get their due salaries at the lowest cost and at the fastest speed, the Jiujiang District Procuratorate actively organized mediation work. After many telephone communications and face-to-face education, the company promised to pay all wages in arrears as soon as possible. Finally, the two sides reached a mediation agreement under the organization of the Jiujiang District Procuratorate, and all the old people's salaries have been paid in place. So far, the "salary troubles" of nine old people have been solved.  

   Royal Flag Acknowledgement  

   "We don't know the law, and we ran everywhere without any result. Your prosecutors took care of us ordinary people and helped us get our salaries, and we are really grateful!" On July 7, 2022, the old people came to the Jiujiang District Procuratorate again. At this moment, different from the mood when they came for the first time, everyone was full of smiles, excitedly said thanks to the prosecutors, and sent a banner.  

   Protection of Workers' Rights and Interests in the Civil Code  

   Article 579 of the Civil Code of the People's Republic of China stipulates: "If one party fails to pay the price, remuneration, liquidated damages, rent, interest, or other monetary debts, the other party may request payment."  

   Jiu Jian's statement  

   When migrant workers face the problem of malicious wage arrears, they can turn to the Civil Code to take up legal weapons to protect their legitimate rights and interests, If it is difficult for migrant workers to ask for salary, they can apply to the procuratorate to support prosecution because of their lack of litigation ability The procuratorial organ will pass the law Legal consultation, obtaining evidence, organizing coordination and supporting prosecution To protect the legitimate rights and interests of migrant workers.