Civil administrative procuratorate
Wuhu Jinghu: better performance of duties to help workers get paid
Time: August 15, 2023 Author: News source: Rule of Law Anhui Network [Font size: large | in | Small

Judicature for the people has always been the original intention and mission of the procuratorial organ, and safeguarding the legitimate rights and interests of workers according to law is a specific embodiment of the civil procuratorial department's practice of "justice for the people". The civil procuratorial department of the People's Procuratorate of Jinghu District, Wuhu City, actively performs its duties in accordance with the law, implements the whole process supervision and case handling mode of "supporting prosecution+mediation and reconciliation+implementation supervision+judicial assistance", cooperates in performing its duties to solve the problem of safeguarding rights and effectively safeguard the legitimate rights and interests of workers.

Wang Ming, Li Dashu (not his real name) and other 32 employees in Wuhu successively worked in a local restaurant in Wuhu, engaged in front desk, back kitchen and other services. Later, the local restaurant closed due to poor management, and they still owed the 32 employees their labor remuneration during the period from January to April 2021. After many unsuccessful negotiations, 8 of them went to the People's Procuratorate of Jinghu District, Wuhu City for help. After learning the appeal of Wang Ming and others, the court suggested that they apply to the procuratorial organ for supporting prosecution according to law to safeguard their legitimate rights and interests. At the same time, it also explained to Wang Ming and others the materials needed to apply for supporting the prosecution and the case handling process.

Wang Ming and others immediately submitted application materials to the People's Procuratorate of Jinghu District. After examination, the procuratorial organ found that the conditions were met, so it decided to issue a supporting indictment to the court at the same level according to law, and another 24 employees also filed a lawsuit to the people's court themselves.

Under the auspices of the court, the above 32 employees reached a mediation agreement with the local cuisine restaurant, and the court made the corresponding civil mediation statement. Later, the 32 employees applied to the court for compulsory execution because the local restaurant failed to actively perform the obligations specified in the effective document. In the process of enforcement, the court made inquiries, freezing, deduction and other measures to the local restaurant according to law, and decided to terminate the enforcement procedure because there was no other property available for enforcement. In the process of execution, the court allocated part of the execution money.

In March this year, the civil procuratorial department carried out a special activity to support the prosecution "looking back", sorted out the support prosecution cases handled in the past two years, and tracked the implementation of effective judgments and the protection of workers' rights and interests. After docking with the courts at the same level, it was found that 32 cases of labor contract disputes involving the local restaurant were all in the status of ending the execution procedure. The civil procuratorial department carried out enforcement supervision on this batch of cases in accordance with its authority to urge the court to strengthen enforcement.

At the same time, considering that the existing property of the person subjected to execution is still not enough to compensate for the loss of 32 employees, the civil procuratorial department verified the damage and actual difficulties of the above-mentioned employees, and transferred judicial relief clues to the relevant business departments. At present, judicial relief has been carried out for 16 of them.

It is understood that in recent years, the People's Procuratorate of Jinghu District, Wuhu City, based on its civil procuratorial function, did not handle cases, and took multiple measures to help solve the problem of wage arrears. Broaden the source of clues through multiple channels, explore "one-stop" support for prosecution services, strengthen external cooperation, take the initiative to strengthen communication with courts, judicial bureaus, human resources and social security bureaus and other competent departments in the industry, open up appeal and relief channels, and provide procuratorial security for joint efforts to deal with wage disputes.