Civil administrative procuratorate
[Inspection and protection of people's livelihood] Wuhu Jiujiang: support the prosecution and open the way for workers to protect their rights
Time: May 7, 2024 Author: News source: [Font size: large | in | Small 】
After a year of working, the labor cost was more than 80000 yuan, but Zhou only got a 60000 yuan IOU
Zhou, a Navy veteran, suffered from hearing impairment due to perforation of the tympanic membrane during his service, and was forced to work everywhere to earn a living. In 2022, 43 year old Zhou came to Wuhu to engage in tree trimming. From winter to summer, no matter it's windy, rainy or hot, Zhou's hard work has finally made his life a little stable. But in 2023, the operator of the landscaping company, Mr. Chen, has not paid more than 80000 yuan of tree pruning fees for a hard year. In order not to cut off the family's income, Zhou had to find a job while safeguarding his rights. Zhou has repeatedly contacted by phone or even visited Chen, the manager of the landscaping company, but he was frustrated repeatedly and the road to safeguarding his rights was extremely difficult.
Procuratorial and judicial linkage
Build a fast track for salary collection
The first time the prosecutor saw Mr. Zhou was in the Sunset Red Mediation Room of the Jiujiang District Court. The staff of the Jiujiang District Court introduced Mr. Zhou's situation and said that Mr. Chen, the operator of the landscaping company, had been refusing to answer the phone, making it difficult to carry out the pre litigation mediation work. Zhou wanted to protect his rights through prosecution, but his litigation capacity was limited. Benefiting from the liaison mechanism for supporting prosecution established by the procuratorate and the court, the court filing division timely transferred the prosecution clues of Zhou, a vulnerable group, to the Jiujiang District Procuratorate, which immediately opened the green channel for supporting prosecution, and completed the review of materials, supporting prosecution, and suggesting the court to file a case in the shortest possible time, Zhou was exempted from many trips.
Support prosecution
Joint mediation of disputes
Although the case has been accepted, how to complete and improve the evidence materials and how to protect the interests of Zhou to the greatest extent have become the most critical problems. According to the number of trees to be pruned recorded by Zhou and the unit price of trees to be pruned agreed by Zhou and Chen, the actual amount of trees to be pruned that Zhou has not recovered is 78000 yuan. However, in the process of rights protection, Zhou was in a weak position and was afraid that Chen would completely evade his responsibility, so Zhou had to make a concession on the amount of arrears. Before the Jiujiang District Procuratorate accepted the case, Mr. Chen, at the repeated request of Mr. Zhou, only issued an IOU stating that "Mr. Zhou owed me sixty thousand yuan for tree repair", and did not actually pay it. Mr. Zhou's road to safeguarding his rights is far from sight. In view of the above situation, the Jiujiang District Procuratorate decided to carry out inquiry work on Mr. Chen decisively, and finally fixed the fact that Mr. Chen actually owed Mr. Zhou 78000 yuan by explaining the law and reasoning. In just one day, the Jiujiang District Procuratorate completed all the work from fixing the core evidence, assisting in writing the indictment, and then preparing and issuing the supporting indictment opinion. The Jiujiang District Court also promptly filed the case.
Support for prosecution is not the ultimate goal. What is more important is to help Zhou resolve conflicts and get hard money as soon as possible. For this reason, the Procuratorate of Jiujiang District has carried out several rounds of communication with Mr. Chen and Mr. Zhou respectively with the "back-to-back" mediation method. From the perspective of the actual economic situation of both parties, the consequences of enforcement, etc., as a breakthrough, it appeals to emotion and reason. Finally, under the joint mediation of the procuratorate and the court, the two parties have facilitated post court mediation, and Mr. Chen will pay Mr. Zhou's tree trimming fees in batches according to the mediation agreement.
Warm hearted help
Transfer the temperature of rule of law
In handling the case, the prosecutor also learned that there were not only over 80 years old people to support in Zhou's family, but also two children who were still at school staying at home. In order to support his family, Zhou, as the only source of income for his family after he retired from the army, although he suffered from hearing disability, he was also self reliant and struggled to maintain his family by trimming trees for others to earn "hard money". In order to save money, Zhou stayed in a hotel run by a friend in Wuhu. He worked at sunrise and rested at sunset. His life was very difficult. In order to solve the problems of Mr. Zhou, the Jiujiang District Procuratorate transferred the clues of Mr. Zhou's judicial assistance case to the judicial assistance department of the court in accordance with the idea of "supporting prosecution+judicial assistance". The judicial relief department also started the judicial relief procedure in time, and distributed judicial relief funds to Zhou, which solved Zhou's "urgent need".
The ex servicemen have made important contributions to national defense and military building. Respect and care for ex servicemen is the common responsibility of the whole society. The Jiujiang District Procuratorate took the opportunity of carrying out the special action of "inspecting and protecting the people's livelihood" to actively perform the function of supporting prosecution, fully protect the labor rights and interests of ex servicemen, and improve the temperature of people's livelihood with procuratorial efforts.
