Typical Cases of the Provincial Procuratorate's Implementation of the Civil Code (IV ）  

　　 Anhui Legal Daily (the third edition on June 14, 2022)  

　　 Original title  

　　 Executive supervision helps 21 migrant workers to collect salaries  

　　 Reporter Yuan Zhongfeng Correspondent Zhang Chuanguang  

　　 "In order to help us get our salaries, the procurators of Jieshou People's Procuratorate went to several construction sites in Hefei and Jieshou to track down the funds of the two contract workers. It can be said that they did everything possible." On May 30, when the farmers' section of the National People's Procuratorate gathered to talk about the experience of the procurators getting their salaries, they said so.  

　　 Duan Guoju, 55 years old, is from Dahuang Town, Jieshou City. In 2018, Duan Guoju worked at a construction site in Jieshou City and was owed more than 50000 yuan in salary. In addition to Duan Guoju, the other 20 workers also suffered from salary arrears. In order to ask for the arrears of wages, Duan Guoju and his fellow workers went to many departments, such as letters and visits, labor arbitration, to report the problems, but they were not resolved. Finally, they filed a lawsuit with the Jieshou People's Court.  

　　 In September 2019, through the mediation of the Jieshou People's Court, 21 migrant workers, including Duan Guoju, reached a mediation agreement with Gao and Guan, the head contractors, respectively. Gao and Guan promised to pay off the arrears of wages totaling more than 450000 yuan by November 10, 2019. Duan Guoju and others applied to Jieshou Municipal People's Court for compulsory execution because Gao and Guan failed to perform the contents of the civil mediation statement at the expiration of the time limit. During the execution, Jieshou Municipal People's Court inquired about the real estate and bank deposits under Gao and his name according to law, and did not find any relevant property. After the court took detention measures against Gao and Guan, they only paid part of their wages, leaving more than 340000 yuan to be executed. After including Gao and Guan in the list of dishonest persons to be executed and limiting high consumption, the court ended the execution procedure.  

　　 In November 2020, Duan Guoju and Zhang, a worker, and others found that Gao and Guan had been engaged in labor contract projects and were capable of execution, and the court was ineffective in execution, so they applied to the procuratorial organ for execution supervision, and Jieshou People's Procuratorate accepted the case according to law. After the Jieshou People's Procuratorate obtained the entry and exit records of a project department, it was found that Gao and Guan, who were engaged in painting and insulation work in the project, should have income during their work, but failed to perform their obligations. Through further inquiry of their bank transaction records, it was found that Guan had handled a new bank account after the Jieshou People's Court ended this enforcement procedure, and had a large amount of capital transactions, with a balance of more than 30000 yuan.  

　　 In response to the evasion of execution by Gao and his management, in January 2021, the People's Procuratorate of Jieshou City issued a procuratorial proposal to the People's Court of Jieshou City, proposing to freeze the bank account of Gao and his management, strengthen the execution and safeguard the legitimate rights and interests of migrant workers. After receiving the procuratorial advice, Jieshou Municipal People's Court timely froze the bank account of Gao and Guan, but the payroll of more than 300000 yuan was still not implemented in place. Jieshou People's Procuratorate continued to follow up and found that Gao and Guan had more than 300000 yuan of due creditor's rights to a construction company through talking with Gao and Guan and investigating and verifying with a project department. The procurators further investigated and verified with the construction company, obtained relevant evidence materials, and fed back the property clues to Jieshou People's Court. Jieshou People's Court issued a notice of assistance in execution to a construction company according to the evidence materials provided by the procuratorial organ. Through joint efforts, in December 2021, 21 migrant workers finally received 348425 yuan of salary arrears.  

　　 In addition, prosecutors found in handling cases that the 4130 yuan legal fees paid by the 21 migrant workers for prosecution were not returned in time. According to the coordination of the People's Procuratorate of Jieshou City, the 4130 yuan litigation fee was returned in March this year. "We don't know how to express our gratitude to the prosecutors. We were refused to invite them to dinner, and finally spent 100 yuan to make a banner for them to express our gratitude," Duan Guoju said.  

　　 When talking about the typical significance of the case, the Deputy Director of the Sixth Procuratorial Department of the Provincial Procuratorate Liu Xiaoqin, a senior prosecutor at the fourth level, said: "In this case, the procuratorial organ obtained relevant property clues in a timely manner by inquiring about the workplace of the person subjected to execution, questioning the person subjected to execution, obtaining documentary evidence and other means, continued to track, follow up and supervise, solved the implementation impasse, and promoted the implementation of all the wages of 21 migrant workers who were two years in arrears. On the one hand, the issue of arrears of migrant workers' labor remuneration involves the basic livelihood of the people; on the other hand, due to the large number of migrant workers involved, improper handling will affect social stability. The procuratorial organ should strengthen supervision over such cases involving the vital interests of the masses, and pay attention to the use of the right to investigate and verify. At the same time, it is necessary to strengthen cooperation with the court, and according to the characteristics of individual cases, make precise decisions for specific cases, and handle them in a timely and proper manner in accordance with the law. "