Civil administrative procuratorate
Anhui Legal Daily | Procuratorial Special Supervision Helps Solve "Salary" Worries
Time: February 27, 2023 Author: News source: [Font size: large | in | Small

The front page headline of Anhui Legal Daily on February 22, 2023

Original title:

Special supervision of procuratorial work helps solve the "salary" problem

In order to make workers more "secure", the provincial procuratorate has deployed special supervision activities to help eradicate wage arrears for six consecutive years. In the activity, the provincial procuratorial organs focused on the high incidence of wage arrears, comprehensively used the methods of supporting prosecution, procuratorial suggestions, interpretation and reasoning, timely verified and urged the relevant departments to perform their duties of protecting the legitimate rights and interests of migrant workers according to law, promoted the legal governance of wage arrears on the track of the rule of law, and ensured that the wages of migrant workers in arrears were paid in priority, in time and in full.

Support and help 3751 migrant workers to seek salary

Wang, born in 1971, is from Xuling Town, Susong County. During 2019 and 2020, Wang worked in a clothing factory in Susong County, Anqing City. Wang resigned because he often defaulted on his salary. In August 2020, the two parties settled that the garment factory owed a total of 15600 yuan to Wang. Although the total amount of wages in arrears was determined, the garment factory did not issue an IOU to Mr. Wang. The clothing factory has not paid for the repeated reminders from Mr. Wang. At the end of 2021, Mr. Wang reflected his demands to the Human Resources and Social Security Bureau and the Judicial Bureau of the county for many times. Due to the lack of key evidence, the relevant departments did not accept his application, and Mr. Wang failed to seek relief. According to the relevant working mechanism, the county judicial bureau transferred the clue to the procuratorial organ to support prosecution.

Susong County People's Procuratorate After accepting the case, the case handling prosecutor Zhang Jianqin found several colleagues who worked together with Mr. Wang, and investigated the details of Mr. Wang's economic exchanges with the clothing factory to verify the salary arrears. Finally, Hong, the head of the garment factory, admitted the fact that he was in arrears with his salary. Zhang Jianqin then fixed Hong's confession in the form of a record of inquiry.

The Susong County Procuratorate reviewed and found that Mr. Wang had worked in the clothing factory since 2019. According to the relevant provisions of the Contract Law, the factory should pay Mr. Wang's salary in time as agreed by both parties. However, since 2020, the factory has defaulted on his salary, which has constituted a breach of contract, and should bear the responsibility for continuing to perform and compensate for losses according to law. Wang, due to his weak ability to collect evidence, should be supported when he applied to the procuratorial organ to support the prosecution after many unsuccessful attempts to seek relief. The Susong County Procuratorate then submitted the opinion of supporting the prosecution to the Susong County People's Court according to law, and transferred the relevant evidence taken with the volume.

In April 2022, the Susong County Court decided that the garment factory should pay 15600 yuan of labor remuneration to Wang within 3 days after the judgment came into effect, based on the inquiry records of the procuratorial organ and the WeChat chat records between the parties. After the judgment came into force, the garment factory fulfilled its payment obligation, and the contradiction between Wang and the garment factory was effectively resolved.

According to statistics, the provincial procuratorial organs handled 2170 cases of supporting migrant workers to sue for wages last year, supporting 3751 migrant workers to seek wages, involving more than 51 million yuan. In the process of handling cases, the provincial procuratorial organs paid great attention to the cooperation and cooperation with human resources and social security, housing and urban and rural construction and other departments as well as other judicial organs, and established and improved 22 working mechanisms related to rural migrant workers' wage seeking to promote diversified solutions and long-term governance of wage seeking issues. For example: Wuwei Municipal Procuratorate and Wuwei Municipal Human Resources and Social Security Bureau signed the Opinions on Establishing Cooperation between Both Parties to Resolve the Wage Arrears of Migrant Workers According to the mechanism, the Human Resources and Social Security Bureau of Wuwei City has transferred 43 clues of migrant workers' wage claims to the Wuwei Municipal Procuratorate.

1817 disputes on salary arrears were resolved substantively

Wu, born in 1947, is from Lintou Town, Hanshan County. In March 2010, the 62 year old Wu was assigned by a labor service company in Hanshan County to work in a cement company in Anhui Province as a cleaner. In January 2020, the labor service company terminated the labor service relationship with Mr. Wu. Wu believed that the labor service company and cement company should pay economic compensation, wage difference and compensation when they terminate their labor relationship. After the negotiation failed, Wu sued to the People's Court of Hanshan County.

The court of Hanshan County held that Wu was over 62 years old in March 2010, and he could only form labor relations with labor companies or cement companies, not labor relations. Wu's claim based on labor relations has no legal basis, so it is ordered to reject Wu's claim. Wu refused to accept the judgment of first instance and applied to Ma'anshan Intermediate Court for retrial. After the Maanshan Intermediate People's Court ruled to reject his application for retrial, Wu Hanshan County People's Procuratorate Applied for procuratorial supervision.

After reviewing the original trial file and investigating the parties, Yang Ling, the case handling prosecutor, believed that the original trial judgment was not improper in fact finding and law application. However, if the case does not directly support Wu's supervision application, the contradiction between the parties still cannot be resolved, and it is likely that "the case will not be settled". Therefore, during the handling of the case, Yang Ling communicated with Wu for many times, and learned that Wu and several other colleagues had filed arbitration and litigation together, and the claims of others were supported by the court because they met the legal provisions. Wu insisted that his situation was similar to theirs, but the results were completely different, and he was unable to accept them at the moment, so he had a heart knot.

On February 17, 2022, the procuratorate of Hanshan County held a public hearing, and six hearers were specially invited to attend. The hearers unanimously said that although Wu's appeal did not comply with the law, considering his old age, the procuratorial organ was recommended to mediate the case. After the hearing, Yang Ling explained the comments and the handling results of the procuratorial organ to Mr. Wu in detail, not only analyzing the facts of the case, the admissibility of evidence and the application of the law, but also comparing with his colleagues' cases. Finally, Mr. Wu realized that his claim did not conform to the law. After that, the cement company promised to give Mr. Wu some compensation, and Mr. Wu promised that he would not send letters and visits for this matter, and the two parties finally reached a settlement.

In the special supervision activity to help eradicate wage arrears, the provincial procuratorial organs thoroughly practiced the "Maple Bridge Experience" and restorative justice concept in the new era, and deeply interpreted the law and reasoned for the parties who are willing to compromise, so as to facilitate the negotiation and reconciliation between the two parties. This can not only solve disputes with the least judicial resources, but also reduce the difficulty and time of migrant workers' wage demands, effectively avoiding the intensification of conflicts due to the long litigation cycle.

According to statistics, the provincial procuratorial organs substantially resolved 1817 wage arrears disputes in the field of migrant workers' wage collection last year, including 1573 civil disputes and 64 administrative disputes. For example: The People's Procuratorate of Duji District, Huaibei City, against the case of Deng's arrears of wages and salaries to farmers We strengthened the legal interpretation and reasoning, urged Deng to consciously and timely pay more than 300000 yuan of migrant workers' wages, and urged a series of wage arrears cases to be solved safely at the fastest speed.

Prepare and issue 77 procuratorial recommendations to administrative organs

On December 20, 2022, Wuhu Wanpeng District People's Procuratorate The procuratorial suggestions were formulated and issued to the District Human Resources and Social Security Bureau and the District Housing and Urban Rural Development Bureau respectively. In the procuratorial recommendations issued to the District Human Resources and Social Security Bureau, it is suggested that the bureau strengthen the organization and coordination of the work of guaranteeing the payment of migrant workers' wages in the field of engineering construction, and investigate and deal with illegal acts that infringe the legitimate rights and interests of migrant workers according to law.

In the procuratorial recommendations issued to the District Housing and Urban Rural Development Bureau, it is suggested that the Bureau further standardize the administrative supervision in the field of engineering construction and increase the investigation and punishment of illegal contracting, subcontracting and subcontracting. The procuratorial suggestions also suggest that the two bureaus: further close contact and form joint efforts; Popularization of laws and regulations related to the protection of migrant workers' wage payment will be strengthened through various forms such as case interpretation; We will strengthen governance at the source and safeguard the legitimate rights and interests of migrant workers.

The two procuratorial suggestions of Wanpeng District Procuratorate are based on the nine criminal cases of refusing to pay labor remuneration in the field of engineering construction handled by the procuratorate in recent years, as well as the problems found in further investigation and verification. The hospital found that although the problem of migrant workers' wage arrears has been improved to a certain extent in recent years, the criminal cases caused by the arrears of migrant workers' wages in the engineering construction field are still high, and there are different degrees of weak administrative supervision, inadequate implementation of measures and other situations. For example, illegal subcontracting and subcontracting of construction projects are prominent; The wage payment system for migrant workers has not been implemented in detail, and some construction projects will fully pay the wages of workers to the contractor; The construction unit and the construction general contractor have not compacted their responsibilities for the protection of the rights and interests of migrant workers; wait.

After receiving the procuratorial suggestions, the two departments attach great importance to them. Wangui District Human Resources and Social Security Bureau has established a working mechanism of "daily report and weekly dispatch" for hidden dangers of wage arrears to ensure that migrant workers receive wages in full and on time. Wanpeng District Housing and Urban Rural Development Bureau seriously and quickly handled illegal contracting, subcontracting, subcontracting and other acts, and investigated the illegal contracting of three units.

In the special supervision activities to help eradicate wage arrears, the provincial procuratorial organs focused on the special accounts for migrant workers' wages, real name management, and wage deposits, and urged relevant units and departments to strictly perform their territorial management responsibilities and departmental supervision responsibilities. In case of any regulatory loopholes such as system deficiencies or idle operation, the relevant departments shall be promoted to rectify in time and perform their duties according to law through procuratorial suggestions, special reports and other means.

According to statistics, the provincial procuratorial organs issued 77 procuratorial recommendations to the administrative organs on the issue of migrant workers' unpaid wages last year, which strongly promoted prevention at the source and governance according to law. For example: Huaibei Procuratorate is handling the dispute between Chen and Duji District Human Resources and Social Security Bureau on labor security administrative supervision After finding that there are problems such as illegal subcontracting and subcontracting that make it difficult to guarantee the quality of the project and migrant workers' wages cannot be paid in time, while filing a protest, it issued procuratorial suggestions to the administrative organs to promote the investigation and punishment of illegal subcontracting and subcontracting of projects in the whole region.