Typical cases of procuratorial organs safeguarding the legitimate rights and interests of workers according to law

On Printing and Distributing the "Procuratorial Organs Safeguard Workers According to Law" Typical Cases of Legal Rights and Interests

The People's Procuratorates of all provinces, autonomous regions and municipalities directly under the Central Government, the PLA Military Procuratorate, and the Xinjiang Production and Construction Corps People's Procuratorate:

In order to thoroughly implement Xi Jinping's thought on the rule of law, deepen the special action of "inspecting and protecting the people's livelihood", handle every case involving the protection of workers' rights and interests with high quality and efficiency, further strengthen the punishment of malicious arrears of wages according to law, support the prosecution of workers in difficulty according to law, carry out procuratorial public interest litigation and protect the rights and interests of workers in new employment forms, and strive to achieve and maintain good We will develop the legitimate rights and interests of workers, and continue to work to ensure that the people can feel, experience, and benefit from procuratorial work for the people. The Supreme People's Procuratorate has organized and compiled cases such as the "Case of Xie's Refusal to Pay Labor Remuneration" as the "Typical Case of Procuratorial Organs Safeguarding the legitimate rights and interests of workers in accordance with the law", and as one of the typical cases in the series of special actions to "safeguard the people's livelihood". Now it is printed and distributed to you for reference.

Supreme People's Procuratorate

April 28, 2024

Case 1

Xie Moushi's Refusal to Pay Labor Remuneration

Keywords

Refusing to pay labor remuneration to pay off the connection of execution

Basic Case

In May 2021, Xie Moushi contracted the construction and installation project of a site in Linquan County, Anhui Province from a construction labor company, and later Xie Moushi organized the construction of migrant workers. After the completion of the project, some migrant workers' wages were not paid. On January 19, 2023, Xie Changshi and the labor service company determined that the project payment was more than 2.45 million yuan, and the labor service company had paid all the money. Xie Changshi promised in writing to pay all the wages of migrant workers in arrears. In February 2023, the Human Resources and Social Security Bureau of Linquan County verified that Xie owed 23 migrant workers more than 450000 yuan in total. The bureau issued the Instruction for Rectification within the Time Limit of Labor Security Supervision to Xie Moushi, ordering him to pay the wages of migrant workers in arrears in full. Xie did not pay within the specified time limit, and there was a situation of hiding.

On March 28, 2023, Xie Moushi was captured by the public security organ and arrested with the approval of the People's Procuratorate of Linquan County. On July 13, 2023, the People's Procuratorate of Linquan County initiated a public prosecution against the case of Xie's refusal to pay labor remuneration, and recommended that he be sentenced to fixed-term imprisonment of one year and three months and fined 10000 yuan. The People's Court of Linquan County adopted the sentencing suggestion of the procuratorial organ, but Xie did not appeal.

[Process of procuratorial performance]

1. Connect the execution and guide the investigation. Relying on the mechanism of "convergence of the two laws", the procuratorial organ, through communication with the human resources and social security department, found that Xie had a large amount of actual salary arrears, a large number of workers involved, and was suspected of hiding. The procuratorial organ suggested that the Human Resources and Social Security Bureau should transfer the case clues to the Linquan County Public Security Bureau, intervene in advance, guide the public security organ to collect, fix and improve relevant evidence, and control the quality of the case from the source.

2. Actively perform duties and promote compensation. In order to fully protect the rights and interests of workers and resolve social conflicts, the procuratorial organ, together with the Human Resources and Social Security Department, negotiated with the labor service company of the general contractor and informed the subcontracting unit that if the wages of migrant workers were in arrears, the general contractor could first compensate them and then recover them from the subcontracting unit. The labor service company will advance all the salary arrears in May 2023, which will be paid by the labor department in time. The procuratorial organ supervises the payment of arrears of wages and makes a return visit to workers to ensure that the protection of workers' rights and interests is implemented.

3. Combine leniency with severity, and be strict when being strict. Xie actually evaded the payment of labor remuneration by escaping and hiding, but still did not pay it after being ordered by the relevant government departments. The circumstances are relatively serious. Considering his voluntary confession of guilt and punishment, the procuratorial organ proposed a sentencing proposal of imprisonment for one year and three months, with a fine. The sentencing proposal was adopted by the court.

Typical significance

To handle cases of malicious salary arrears with high quality and efficiency in accordance with the law, the procuratorial organs are required to pay more attention to the recovery of wages in arrears, the recovery of stolen goods and the recovery of damages, help migrant workers recover their wages in arrears, implement the requirements of protecting people's livelihood, and achieve the unity of the "three effects" of case handling. In practice, illegal subcontracting to individual contractors often occurs in the field of construction engineering. In order to effectively protect the legitimate rights and interests of migrant workers, relevant regulations clearly point out that the EPC enterprise should bear the responsibility of paying off the wages of migrant workers who are in arrears. In this case, the procuratorial organ regards safeguarding the legitimate rights and interests of workers according to law as the primary task, actively urges the general contractor to advance all arrears of wages, gives priority to guaranteeing the payment of migrant workers' wages in arrears, guarantees people's livelihood and interests, and maintains social harmony and stability. At the same time, he performed his duty of approving arrest and prosecuting according to law. In this case, the labor service company has paid all the project funds to Xie. Xie did not pay after being ordered to do so by Linquan County Human Resources and Social Security Bureau and fled. The procuratorial organ investigated his criminal responsibility for the crime of refusing to pay labor remuneration according to law, and effectively played the role of punishment and deterrence.

Case II

Case of Li's Refusal to Pay Labor Remuneration

Keywords

The Connection of Execution with Leniency and Severity and the Source of Judicial Assistance

Basic Case

Mr. Li and others jointly set up Shanghai Jess Catering Management Co., Ltd. (hereinafter referred to as Jess Company) and hired Mr. Zhu and others to engage in catering services. Since May 2020, Jess Company has owed 15 employees, including Zhu, more than 140000 yuan in salary for two months. Zhu and others complained to Shanghai Hongkou District Human Resources and Social Security Bureau (hereinafter referred to as Hongkou District Human Resources and Social Security Bureau). After accepting the complaint, the bureau repeatedly asked Li and others to cooperate in solving the problem, but Li and others did not appear without proper reasons. On August 16, 2021, Jess Company went to Shanghai Hongkou District Market Supervision and Administration Bureau (hereinafter referred to as Hongkou District Market Bureau) to cancel its registration. On August 17, 2021, the Human Resources and Social Security Bureau of Hongkou District, without knowing that the company had been cancelled, made an Administrative Treatment Decision, and ordered Jess Company to pay back the salary. Later, on November 3, 2022, it made a new administrative treatment decision, ordering the former shareholder of Jess Company, Mr. Li, and others, to pay the salary in arrears before November 19, 2022, but Mr. Li still refused to pay within the specified period.

In December 2022, the Shanghai Hongkou District People's Procuratorate supervised the Hongkou District Public Security Bureau to file a case for investigation according to law. In April 2023, Mr. Li, with the help of his family, paid all the wages in arrears and voluntarily pleaded guilty to punishment. In August 2023, the Hongkou District Procuratorate will make a decision not to prosecute Li according to law based on the criminal facts and circumstances of the case, as well as his confession of guilt, punishment, return of stolen goods, and compensation.

[Performance process of procuratorial organs]

1. It is suggested that the administrative law enforcement organ should transfer the criminal clues and supervise the public security organ to file the case. In September 2022, 15 employees, including Zhu, who were in arrears with their salaries by Jess, went to the Hongkou District Procuratorate to report their arrears. The complaint department and the criminal prosecution department jointly discussed and believed that Jess and its actual controller, Mr. Li, might be involved in the crime of refusing to pay labor remuneration, so they held a joint meeting with the District Human Resources and Social Security Bureau to guide the administrative law enforcement agencies to comprehensively collect evidence, and suggested the District Human Resources and Social Security Bureau to transfer criminal clues to the Hongkou District Public Security Branch. Under the supervision of the Hongkou District Procuratorate, the Hongkou District Public Security Branch decided to file a case for investigation on December 19, 2022.

2. Accurately implement the criminal policy of tempering justice with mercy, and refuse to approve arrest and not prosecute according to law. After the Hongkou District Public Security Bureau filed the case, Mr. Li voluntarily surrendered, but refused to pay the arrears of migrant workers' wages on the grounds of disputes between shareholders. Hongkou District Public Security Bureau decided to detain Li and request approval for arrest. In the process of reviewing and arresting, the Hongkou District Procuratorate fully listened to the opinions of the employees whose wages were in arrears, the confession and defense of Mr. Li, fully explained the law and reasoning, carried out education on confession of guilt and punishment, and informed Mr. Li that the economic disputes between shareholders could not resist the accountability for refusing to pay labor remuneration. Hou Li paid the salary in arrears in full with the help of his family members, and the relevant disputes were resolved through civil litigation. The procuratorial organ made a decision not to approve the arrest according to law. In the stage of review and prosecution, the procuratorial organ made a relatively non prosecution decision against Li according to the law based on his willingness to plead guilty and plead guilty, actively perform his obligations, and resolve conflicts and disputes.

3. Actively carry out judicial assistance and protect the legitimate rights and interests of workers according to law. After investigation and verification, the procuratorial organ found that most of the migrant workers involved in the case were temporary workers, with low income and difficult family life, and it was close to the traditional Spring Festival holiday. In order to help the migrant workers involved in the case to tide over the difficulties, the procuratorial organ actively carried out judicial assistance, and provided a total of 182000 yuan of relief funds to 24 migrant workers who met the conditions.

4. Relying on the big data legal supervision model, it will help the competent industry units to plug the leak and achieve litigation source governance. In response to the problem of Jess Company taking advantage of loopholes in the system to cancel its registration and evade punishment, the Hongkou District Procuratorate issued procuratorial suggestions to the Hongkou District Human Resources and Social Security Bureau and the Hongkou District Market Bureau, and countersigned the Opinions on Establishing a Linkage Mechanism between Administrative Supervision and Administrative Procuratorial Work in Labor Dispute Cases (Trial) with the Hongkou District Human Resources and Social Security Bureau and the District Market Bureau, We will build a "civil administrative procuratorial supervision model for malicious cancellation of enterprises", improve the cancellation warning, information notification, clue transfer, procuratorial and administrative cooperation mechanisms for cases involving labor disputes, and effectively fill the management loopholes of administrative competent units that lead enterprises to evade legal liability through malicious cancellation due to poor information.

Typical significance

1. Improve the connection mechanism of execution and perform legal supervision duties according to law. Improving the communication, consultation and information sharing mechanism between procuratorial organs and administrative law enforcement departments is of great significance for smooth connection of execution. The case relies on the communication mechanism of the connection between execution and work. The procuratorial organ learned the contradictions and disputes between migrant workers and catering enterprises, and timely put forward opinions and suggestions on the evidence collection, law application, etc. of the administrative law enforcement department. It is suggested that the criminal clues be transferred to the public security organ. At the same time, the procuratorial organ supervises the filing activities of the public security organ based on the mechanism of transferring criminal clues to the record.

2. Perform duties in an integrated manner and give full play to the joint efforts of procurators to fully protect the legitimate rights and interests of workers. Labor dispute disputes are highly policy oriented and involve a wide range of areas. Inadvertent handling can not protect the rights and interests of workers, but also easily lead to group conflicts. In the handling of this case, the procuratorial organ performed many duties such as urging the transfer of criminal clues, supervising the filing of cases, and judicial assistance in accordance with the law, and protected the legitimate rights and interests of migrant workers in all aspects and through multiple channels. It not only handled the case prudently and steadily, but also resolved social conflicts in accordance with the law.

3. Actively perform duties according to law, and integrate crime and governance. Due to the information barrier between the administrative law enforcement department and the market registration department, there is a confusion of enterprises' malicious cancellation to evade legal responsibility. Through investigation and research, procuratorial organs found deep social governance problems, took the initiative to cooperate with administrative law enforcement departments and market registration authorities in governance, established an early warning letter mechanism to limit cancellation, effectively cracked the "information island" problem, and coordinated to find and correct malicious cancellation behavior due to failure to perform administrative processing or administrative punishment decisions, so as to achieve similar case governance and promote "city management" by "self management".

Case 3

Theft of Chen, Li, Huang and Liu

Keywords

Pay protection, benefit the people, be lenient and strict, resolve conflicts, and extend governance

Basic Case

Chen Mouhua, Li Mou, Huang Mou, Liu Mouhui and other four people worked as rebar workers at a project site in Linpu Town, Xiaoshan District, Hangzhou City, Zhejiang Province, mainly responsible for cutting rebar and making shapes. During the period from August 10, 2023 to September 7, 2023, four people were in arrears due to salary arrears and financial constraints. After discussion, they decided to steal the reinforcement at the construction site in the form of some people watching the wind and some people cutting the reinforcement. Later, the reinforcement was transported to the waste recycling station by electric tricycle for sale and profit sharing. Among them, Chen and Li stole 11 times, earning more than 2000 yuan respectively; Huang stole 8 times and gained 1200 yuan; Liu Mouhui stole 6 times and earned 900 yuan.

After the incident, Chen Mouhua and other four people were summoned to the case by the public security organ at the site and withdrew their illegal income in full. At the stage of review and prosecution, four people, including Chen, pleaded guilty and pleaded guilty to punishment. The procuratorial organ comprehensively committed the theft because the four people were trapped in poverty due to their unpaid life. Although the number of thefts was high, the amount of each theft was relatively small. Finally, according to the law, the four people, including Chen, made a relatively non prosecution decision.

[Performance process of procuratorial organs]

1. Strictly examine and investigate the reasons behind the crime. During the prosecution review by the procuratorial organ, Chen Mouhua and other four people said that there was a reason for the theft, because the person in charge of the construction site was in arrears with his salary, which led to financial constraints. The four people worried that they could not pay their children's tuition fees in time when the school began in September, so they carried out the theft. In order to further verify the above situation, the procuratorial organ contacted the "foreman" of the construction site where the criminal suspect is located to inquire about the relevant situation, and at the same time, contacted the village cadres of the original place of origin of the criminal suspect by telephone to understand their respective family conditions, and confirmed that the criminal suspects are the economic pillar of their families, and the self statement of the theft motive is true and credible.

2. Combine leniency with severity to repair damaged social relations. Chen Mouhua and other four people stole up to 11 times, all of which constituted theft. However, considering that the theft of the four people was caused by salary arrears, after the incident, they pleaded guilty and pleaded guilty, sincerely repented, actively returned the stolen goods and obtained understanding. Their subjective malignancy was relatively low, and none of the four people had criminal records, the procuratorial organ applied the system of pleading guilty and lenient punishment to the four people in accordance with the law to make a relatively non prosecution.

3. Resolve conflicts and earnestly safeguard the rights and interests of workers. Although only 4 people were involved in this case, the procuratorial organ found in the examination that there were 15 migrant workers in the reinforcement group who were in arrears of their salaries at the construction site, and the time of the case was before the Lunar New Year. The arrears of their salaries caused migrant workers to be unable to go home for the New Year, which affected the legitimate rights and interests of the people and undermined the social order of stability and harmony. The procuratorial organ has communicated with the person in charge of the construction site for many times, asking for timely payment of wages to protect the legitimate rights and interests of migrant workers. Later, he visited the construction site together with the local police station, and again urged the person in charge of the construction site to pay the overdue salary in time. The person in charge of the construction site finally paid a total of 171000 yuan in arrears from June to December 2023 to 19 steel workers, including the four involved in the case, on January 30, 2024 (the 20th day of the lunar month), to ensure that migrant workers could go home for the New Year.

4. Form joint forces to achieve the goal of punishment and governance. After the completion of this case, the procuratorial organ will visit the enterprises related to the case in due time to understand the current project progress, personnel management and legal service demand, provide accurate procuratorial services, and solve the problems of the people and enterprises together. According to the social governance problems found in the handling of the case, a special report on the case was formed and submitted to the District Committee's Political and Legal Affairs Committee. The District Committee's Political and Legal Affairs Committee took the lead in convening public security, courts, human resources and social security, comprehensive administrative law enforcement and other departments to hold special consultations, and further completed the investigation, handling and connection of cases of refusing to pay labor remuneration.

Typical significance

1. Pay equal attention to combating crime and protecting rights and interests. On the one hand, it is not simple to handle the case. This theft crime is a case of error "self relief" caused by salary arrears. In handling the case, the procuratorial organ implements the criminal policy of tempering justice with mercy, so that the workers who are in arrears of salary can get the opportunity of leniency while recognizing their mistakes. On the other hand, pay attention to the protection of rights and interests, not only help the four suspects in this case to ask for salary according to law, but also extend to the other 15 unpaid workers, so that the case can really be settled and people can be reconciled, and promote social harmony and stability.

2. Synchronize case handling and extended governance. The procuratorial organs adhere to the source of litigation governance, while considering the causes of individual cases, they also deeply consider and explore the laws of similar cases and the underlying social governance issues. In this case, the procuratorial organ found that if the problem of salary arrears is not solved in time, it may lead to secondary problems such as theft, and it is also very easy to cause group letters and visits and social public opinion. It is urgent to take comprehensive measures to form a joint force and long-term mechanism for governance of "class I issues". To this end, the procuratorial organ took the initiative to report to the local political and legal commission, put forward governance suggestions, promote the administrative and judicial organs to reach a consensus on law enforcement and justice, and provide a strong guarantee for the eradication of wage arrears.

Case 4

Hu Moulin and a Shaanxi Construction Labor Service Co., Ltd Labor dispute protest case

Keywords

Judicial Review on the Legitimacy of Labor Dispute Employment Injury Insurance Benefits Agreement

Basic Case

On May 9, 2016, Hu Moulin joined a construction labor service limited liability company in Shaanxi (hereinafter referred to as a labor service company) as a foreman of concrete workers. On March 27, 2017, Hu Moulin was injured while working at the construction site, and was hospitalized that day for 22 days. On May 6, 2017, a labor service company signed an Agreement with Hu Moulin, stipulating that Hu Moulin would be compensated 55000 yuan for medical expenses and 88000 yuan for one-time compensation for his injury on March 27, 2017 at the project site. At the same time, it is agreed that after the payment of the above fees, there is no dispute between the two parties on this matter, and the case is closed. Hu Moulin acknowledged receiving 88000 yuan of compensation, and 55000 yuan of medical expenses have been directly paid to the hospital by a labor service company. On June 1, 2019, the Human Resources and Social Security Bureau of Chang'an District, Xi'an City made a decision on the identification of work-related injuries, identifying the accident injuries suffered by Hu as work-related injuries. On September 20, 2019, the Xi'an Labor Capacity Appraisal Committee made the Appraisal Conclusion, identifying Hu as Grade 9; On July 3, 2020, the Appraisal Conclusion was made, which determined that Hu Moulin's pay retention period for work stoppage was seven months, from March 27, 2017 to October 26, 2017. Hu Moulin did not work in a labor service company after he was injured. On August 11, 2020, Hu Moulin sent the Notice of Termination of Labor Relations to a labor service company by EMS, and a labor service company confirmed receipt of the notice.

Hu Moulin submitted an arbitration to Xi'an Labor and Personnel Dispute Arbitration Commission, requesting confirmation of the termination of the labor relationship between the two parties, and a labor service company paid him the relevant work-related injury insurance benefits. Xi'an Labor and Personnel Dispute Arbitration Commission supported Hu Moulin's arbitration request. A labor service company refused to accept it and filed a lawsuit with the People's Court of Yanta District, Xi'an City, requesting that a labor service company do not need to pay Hu Moulin industrial injury insurance benefits. Xi'an Yanta District Court decided in the first instance that the labor contract between the two parties was terminated, and a labor service company paid Hu Moulin 143630.94 yuan of the difference in treatment of industrial injury insurance. A labor service company refused to accept the judgment of first instance and appealed to Xi'an Intermediate People's Court. Xi'an Intermediate People's Court believes that the Agreement signed by both parties on May 6, 2017 is legal and valid. As an adult with autonomy of will, Hu Moulin did not provide evidence to prove that the agreement violated his true intention, nor did he file a cancellation lawsuit. The request to claim work-related injury treatment from a labor service company could not be established. It was judged that a labor service company did not need to pay Hu 143630.94 yuan of industrial injury insurance benefits. Hu Moulin refused to accept the judgment of the second instance, and his application to the Shaanxi Higher People's Court for retrial was rejected.

[Performance process of procuratorial organs]

Acceptance and review Hu Moulin applied to Xi'an People's Procuratorate for supervision. The Xi'an Municipal People's Procuratorate submitted a protest to the Shaanxi Provincial People's Procuratorate according to law. The procuratorial organ, by reviewing the original trial file, asking both parties, and retrieving the same kind of effective judgment cases, mainly examined: first, whether the laborer could ask the employing unit to make up the difference if the compensation received is obviously lower than the legal standard of work-related injury insurance benefits when the laborer signed an agreement with the employing unit without the recognition of work-related injury and assessment of disability level by the labor administrative department. When Hu Moulin reached an industrial injury compensation agreement with a labor service company in this case, his industrial injury identification and disability rating were not made, which was signed in a state of distress due to lack of actual judgment. The amount of compensation agreed is obviously lower than the standard amount of legal work-related injury insurance treatment, which is obviously unfair, so we have the right to request a labor service company to make up for it. Second, whether the compensation fees of the agreement involved in the case comply with the legal provisions. The agreement only stipulates to compensate Hu Moulin for disability subsidies, medical expenses, transportation expenses, nutrition expenses, lost time expenses, nursing expenses, food subsidies and other expenses, and does not include one-time medical subsidies for work-related injuries, one-time disability employment subsidies, and shutdown wages. The one-time medical subsidy for work-related injury and the one-time disability employment subsidy are different from the disability subsidy and disability allowance, which are the work-related injury relief given to workers when the labor relationship is terminated. The wage with pay for suspension of work is to provide necessary compensation and relief to workers who are unable to work due to work-related injuries. The above fees shall also be paid by a labor service company. Third, whether the people's court has the right to change the compensation amount agreed by both parties. The second paragraph of Article 53 of the Interpretation of the Supreme People's Court on the Application of Law in the Trial of Labor Dispute Cases (I) stipulates that the people's court may change the amount of industrial injury insurance benefits if it is improper.

Supervision opinions The People's Procuratorate of Shaanxi Province believes that it is the legal obligation of employers to handle work-related injury insurance for workers, and enjoying work-related injury insurance benefits is the legal right of workers suffering work-related injuries. The employer and the worker may agree on the compensation for work-related injury, but the agreement cannot exclude the legal obligations of the employer and the legal right of the worker to enjoy work-related injury insurance benefits. Therefore, if the amount of compensation is obviously unfair, the worker can sue the people's court for the difference of work-related injury insurance benefits, and the people's court should change it. The employer should pay the worker the difference lower than the legal work-related injury insurance benefits according to law. The effective judgment concluded that a labor service company did not need to pay Hu's work-related injury insurance benefits of 143630.94 yuan on the ground that the agreed compensation amount and other matters had been actually performed, which was a mistake in applying the law. In October 2023, the Shaanxi Provincial People's Procuratorate filed a protest to the Shaanxi Provincial Higher People's Court.

Monitoring results The Higher People's Court of Shaanxi Province instructed Xi'an Intermediate People's Court to retry the case. After hearing the case, the Xi'an Intermediate People's Court held that the reasons for the prosecution's protest were valid and should be adopted. A retrial civil judgment was made on March 29, 2024, which ordered a labor service company to pay the difference of 124876.56 yuan of Hu's work-related injury treatment within 10 days from the effective date of the judgment.

Typical significance

（1） When handling labor dispute cases, procuratorial organs should accurately grasp the scope of workers' work-related injury insurance benefits and effectively protect the legitimate rights and interests of workers. The State has established social insurance systems such as industrial injury insurance to protect the right of workers to obtain material assistance from the State and society in accordance with the law in the event of industrial injury. Employers and workers can negotiate on compensation for work-related injuries, but the agreement cannot exclude the legal obligations of employers and reduce the right of workers to enjoy work-related injury insurance benefits. When the two parties signed the agreement in this case, the identification of work-related injury and the assessment of disability grade were not made, the workers did not know enough about their own disability, and the one-time compensation agreed by both parties did not fully cover the legal items. The procuratorial organ accurately grasped the scope of industrial injury security, and after the protest, urged the user unit to increase the one-time industrial injury medical subsidy and one-time disability employment subsidy payable when the labor relationship was terminated, as well as the shutdown wage not agreed to be paid in the agreement between the two parties, which effectively strengthened the industrial injury relief for workers and comprehensively safeguarded the legitimate rights and interests of workers, The "strength" of procuratorial performance has improved the "temperature" of people's livelihood.

（2） The procuratorial organ shall comprehensively review the legality of relevant agreements in labor relations, and ensure substantive fairness in the field of labor disputes. In the legal relationship of labor and employment, workers are generally in a relatively weak position. Especially in labor-intensive industries such as construction, there is a widespread phenomenon that workers have weak legal awareness and insufficient self-protection ability. The industrial injury compensation agreement between the employer and the worker is different from the general civil contract, and the party autonomy cannot be overemphasized. The judicial authorities should take the initiative to review the agreement between the two parties, regulate and restrict the agreed content under the legal framework, ensure that it is in line with the relevant legal provisions for the protection of workers' rights and interests, and prevent employers from evading legal mandatory obligations in the form of "voluntary" agreement between the two parties, resulting in the loss of workers' rights and interests in distress. Through the protest, the procuratorial organ in this case has maintained the authority and unified application of the Social Insurance Law of the People's Republic of China, Regulations on Work Injury Insurance and other relevant laws and regulations, highlighted the essence of the national work injury insurance system, and also provided a reference sample for workers to safeguard their legitimate rights and interests, achieving a good social effect of "handling one case and governing one area".

Case V

175 migrant workers, including Zhang Mouling, seek labor remuneration Support the prosecution case

Keywords

Investigation and verification of labor compensation recovery support prosecution and safeguard people's livelihood

Basic Case

From February 2018 to January 2022, 175 migrant workers including Zhang Mouling were employed by an environmental sanitation company limited in Dezhou City, Shandong Province (hereinafter referred to as an environmental sanitation company) to engage in environmental sanitation and domestic waste cleaning in the jurisdiction of a town. After Zhang Mouling and others completed the task according to the agreement, the environmental sanitation company defaulted on the wages, which ranged from hundreds to thousands of yuan. Zhang Mouling and others asked an environmental sanitation company to pay, but the other side evaded the payment for various reasons. Later, Zhang Mouling and others went to relevant departments for many times to report the situation, but failed to recover labor remuneration.

[Performance process of procuratorial organs]

Acceptance and review In June 2022, 175 migrant workers, including Zhang Mouling, applied to the People's Procuratorate of Decheng District, Dezhou City, Shandong Province (hereinafter referred to as the People's Procuratorate of Decheng District) for support and prosecution, asking for help in claiming labor remuneration. The People's Procuratorate of Decheng District, through research and judgment, believes that the rural migrant workers involved are basically elderly people over 60 years old. They have difficulty in living, their legitimate rights and interests have been violated, their own ability to safeguard their rights is weak, and they meet the conditions for supporting prosecution, so they should be accepted according to law. After accepting the case, the People's Procuratorate of Decheng District carried out the following work: First, it assisted in applying for legal aid. Actively communicate with the Legal Aid Center to assign legal aid lawyers to 175 migrant workers. The second is to hold a joint meeting with the labor and social security supervision team of the District Human Resources and Social Security Bureau, the District Justice Bureau and other units to discuss the case, study solutions, and jointly go to an environmental sanitation company for field investigation and visit, explain the law and reason to an environmental sanitation company, inform the relevant legal consequences, and urge an environmental sanitation company to actively cooperate. The third is to carry out investigation and verification. After examination, the People's Procuratorate in Decheng District found that 175 migrant workers, including Zhang Mouling, did not retain wage slips, labor contracts and other evidence that can prove labor relations and the amount of unpaid wages, which is not enough to support the claims.

verify through investigation The procuratorial organ carried out investigation and verification based on the above facts in accordance with the law: first, it asked 175 migrant workers and an accounting staff of an environmental sanitation company one by one to understand the employment channels, labor positions, labor locations, wage calculation standards, settlement methods and other information of each migrant worker, and confirmed that the 175 migrant workers involved in the case had labor relations with an environmental sanitation company; The second is to obtain the financial information, payroll and bank statement of the environmental sanitation company, verify the amount of wages payable and actually paid, and check the amount of wages owed with 175 migrant workers. Finally, it was found that the total amount of wages owed by an environmental sanitation company was 603955.86 yuan, and the whole process was recorded and recorded as fixed evidence.

Support prosecution opinions The People's Procuratorate of Decheng District, upon examination, believed that 175 migrant workers, including Zhang Mouling, had labor relations with an environmental sanitation company, and that the failure of an environmental sanitation company to pay labor remuneration infringed on the legitimate rights and interests of migrant workers, and its appeal for payment of labor remuneration was legally justified. In April 2023, the People's Procuratorate of Decheng District made an opinion to support 175 migrant workers such as Zhang Mouling to appeal for labor compensation according to law, and suggested that the court support their claims.

Judgment result After the People's Court of Decheng District, Dezhou City, Shandong Province accepted the lawsuit of 175 migrant workers, including Zhang Mouling, the People's Procuratorate of Decheng District assisted migrant workers in applying for reduction or exemption of litigation costs, and then jointly conducted pre court mediation with the People's Court of Decheng District. Although an environmental sanitation company recognized the fact and amount of unpaid wages, it proposed that it was unable to pay the actual wages to migrant workers on the ground that the town government did not pay the outsourcing costs. The People's Procuratorate of Decheng District found out that an environmental sanitation company had due creditor's rights to the town government by taking the civil lawsuit files of an environmental sanitation company and the town government, and then promptly guided migrant workers to apply for the preservation of the creditor's rights, so as to ensure that they could pay the wages of migrant workers in arrears first. In the end, this batch of supporting litigation cases were all settled through mediation, and 175 migrant workers were paid all the wages owed.

In combination with the handling of this case, Decheng District People's Procuratorate, Decheng District People's Court and Decheng District Judicial Bureau countersigned the Implementation Opinions on Strengthening Civil Support and Prosecution Cooperation to increase the cooperation in the protection of vulnerable groups in the region.

Typical significance

（1） The procuratorial organ should strengthen the investigation and verification, find out the basic facts of the case, and earnestly safeguard the legitimate rights and interests of workers when handling the case of migrant workers claiming labor remuneration support. Migrant workers and other vulnerable groups are the key groups concerned by the special action of "inspection and protection of people's livelihood". To solve the problem of arrears of migrant workers' wages according to law is not only related to the vital interests of migrant workers, but also an important embodiment of the procuratorial organs' implementation of "high-quality and efficient handling of every case". In practice, migrant workers are often lack of legal awareness and ability to safeguard their rights. They are typical objects of support for prosecution. Prosecutors should increase their investigation and verification efforts, help collect corresponding evidence to support migrant workers' specific litigation claims, prove the facts of the case dispute, remove barriers to the litigation rights of vulnerable groups, and achieve substantive equality of the litigation rights of both parties.

（2） To safeguard the legitimate rights and interests of vulnerable groups, procuratorial organs should adhere to active performance of duties, practice justice for the people, strengthen the governance of litigation sources, and continue to ensure the judicial security of people's livelihood. "Understanding 'salary' matters and protecting people's livelihood" is an important aspect for procuratorial organs to handle each case with high quality and efficiency, and it is also a vivid embodiment of the people centered judicial practice. Supporting litigation is not the purpose. The procuratorial organ aims at the timely realization of the rights and interests of migrant workers with litigation difficulties. Through legal interpretation, reasoning, joint mediation and other ways, it can shorten the litigation time, prevent migrant workers from aggravating their life difficulties due to litigation, restore normal production and life as soon as possible, realize the legitimate demands of vulnerable groups as soon as possible, and achieve the settlement of the case. Through active performance of duties, procuratorial organs make people feel, feel, and feel fairness and justice, and contribute procuratorial power to ensure and improve people's livelihood.

Case 6

Zou and the Human Resources and Social Security Bureau of a city in Sichuan Province A case of administrative confirmation, procuratorial supervision of a construction engineering limited company

Keywords

Administrative effective judgment supervises the protection of workers' rights and interests, industrial injury identification of heat stroke disease

Basic Case

Luo is a worker of a construction engineering company (hereinafter referred to as the engineering company). At 19:00 on July 19, 2018, Luo suddenly fainted after finishing his work and collecting tools, and was evacuated to the hospital for treatment. He died after medical treatment on July 25. Luo's Discharge Certificate recorded that: "1. Heat stroke; 2. Large infarction in the left frontotemporal parietal occipital lobe basal ganglia region …… ”According to the Judicial Expertise Opinion of a judicial appraisal institute in Sichuan, it is consistent with the death of acute respiratory and circulatory dysfunction caused by heat stroke disease, cerebral contusion, laceration, hemorrhage and infarction (secondary lobar pneumonia). According to the Human Resources and Social Security Bureau of a city in Sichuan Province (hereinafter referred to as the Municipal Human Resources and Social Security Bureau), Luo had a sudden illness at work, but the time of death was more than 48 hours, and the applicant failed to submit an appraisal certificate or certificate of occupational disease diagnosis, making a decision not to recognize work-related injuries. Zou Moumou (the wife of Luo Moumou) refused and filed an administrative lawsuit.

A district court held in the first instance that whether it was heatstroke or cerebral contusion, laceration, hemorrhage and infarction caused by head landing after fainting, it was not Luo's own disease, but had a direct causal relationship with his continuous work in a hot working environment, which should be identified as work-related injury (death), and ordered the Municipal Human Resources and Social Security Bureau to make a new specific administrative act. The Municipal Human Resources and Social Security Bureau refused and appealed. The second instance of a city's intermediate people's court held that the rescue time of Mr. Luo in the hospital exceeded 48 hours, and the existing evidence could not prove the fact that Mr. Luo was injured when he landed on the ground, nor the fact that Mr. Luo suffered from occupational disease. The judicial appraisal is not an occupational disease appraisal made by an occupational disease appraisal institution, and it cannot prove that Luo has an occupational disease. The judgment annuls the judgment of first instance and rejects Zou's claim. Zou's application for retrial was rejected.

[Performance process of procuratorial organs]

Source of case Zou applied to a municipal procuratorate for supervision on February 24, 2021. A municipal procuratorate submitted a protest to Sichuan Provincial Procuratorate after examination.

verify through investigation The provincial procuratorate set up a case handling team with the chief procurator as the lead prosecutor. After investigation and verification, it was found that the reason why Zou failed to correct the certificate of occupational disease diagnosis was that there was no institution qualified to diagnose occupational heat stroke disease in a city, and Zou's application for diagnosis to several local occupational disease diagnosis institutions was not accepted. After applying for procuratorial supervision, Zou applied for diagnosis to West China No. 4 Hospital of Sichuan University (hereinafter referred to as West China No. 4 Hospital), which is qualified for occupational heat stroke diagnosis. In view of Zou's inability to provide Luo's professional history certificate and other materials, the procuratorial organ, at the request of Zou and Huaxi No. The Fourth West China Hospital concluded that it was occupational heatstroke (heatstroke). Both the Municipal Human Resources and Social Security Bureau and the engineering company have no objection.

Supervision opinions After examination, the provincial procuratorate believed that Luo's occupational disease diagnosis certificate was a new evidence of administrative litigation, which could prove that Luo's heatstroke disease was an occupational disease, and according to Item 4 of Article 14 of the Regulations on Work Injury Insurance, the work-related injury should be recognized. Therefore, on November 14, 2023, he filed a protest to the Sichuan Higher People's Court.

Monitoring results On April 2, 2024, the provincial court will hold a court session to retrial the case. The chief procurator of the provincial procuratorate and the president of the provincial court will perform their duties in the same court and carry out substantive resolution of administrative disputes in court. The Municipal Human Resources and Social Security Bureau said that it would accept the suggestions of the court and the People's Procuratorate of the People's Republic of China and start the identification procedure of work-related injuries in essence; Zou Moumou acknowledged and withdrew the request for retrial in court. The provincial court ruled to terminate the retrial procedure.

Promote governance In view of the narrow coverage of occupational disease diagnosis and appraisal institutions found in handling cases, the weak awareness of workers and employers in prevention and control, and the complex procedures for occupational disease diagnosis and industrial injury determination, the provincial procuratorate and the provincial court put forward work suggestions to the relevant administrative authorities, jointly held a symposium on the protection of workers' rights and interests, and jointly promoted the improvement of the occupational disease prevention and control management system, Protect the health rights and interests of workers.

Typical significance

Identification of work-related injury is the premise for injured employees to enjoy work-related injury treatment according to law. If the People's Procuratorate handles the case of supervision over the administrative confirmation of effective judgments on work-related injuries and finds that there are errors in the fact determination or application of law, or there is new evidence that is sufficient to overturn the original judgment or ruling, it shall propose a protest or retrial procuratorial proposal in accordance with the law, supervise the justice of the People's Court, promote the recognition of work-related injuries by the human and social sectors in accordance with the law, and protect the legitimate rights and interests of workers. In this case, the procuratorial organ of Sichuan Province carefully and thoroughly examined the reasons why the workers were not identified as work-related injuries, carried out investigation and verification on their own authority, and raised a protest according to law after Zou provided new evidence for the diagnosis of occupational diseases caused by heat stroke. In the retrial, the People's Procuratorate and the People's Court carried out substantive resolution, the human resources and social security department took the initiative to correct the original administrative act, and Zou withdrew the request for retrial, realizing the settlement of the case. In view of the identification of work-related injuries such as difficult diagnosis of occupational diseases and long cycle found in handling cases, the procuratorial organ, the people's court and the administrative organ strengthened communication and coordination, improved the prevention, identification and protection system of occupational diseases, and jointly protected the legitimate rights and interests of workers.

Case 7

Fan Mouhai and Human Resources and Social Security Bureau and Social Security Center of a County in Xinjiang Administrative litigation execution supervision case

Keywords

Supervise the implementation of administrative litigation, protect the rights and interests of workers, and pay the work-related injury insurance in advance

Basic Case

Fan is an employee of a company in Urumqi, Xinjiang, but the company has not signed a labor contract with him and has not paid the industrial injury insurance. In July 2013, Fan Mouhai fell down from the driver's cab of the vehicle during his work at the construction site in a county, resulting in cervical fracture, which was recognized as Grade III industrial injury and disability. The county labor arbitration commission ruled that the company had granted Fan more than 1.42 million yuan of work-related injury insurance benefits. Because the company has no property to implement, the compensation is not in place. In July 2021, Fan Mouhai applied for advance payment to the social security center in the place where the company is registered, and the social security center should reply that the social security center in a county where the company actually operates should handle the payment. Fan Mouhai then applied to the Human Resources and Social Security Bureau of a county and the Social Security Center of a county for payment of work-related injury insurance benefits in advance, and the Human Resources and Social Security Bureau of the county replied in writing not to handle it. Fan Mouhai filed an administrative lawsuit. In October 2022, the intermediate court of a city made a second instance judgment, ordering the social security center of a county to perform the legal duty of paying the work-related injury insurance benefits in advance according to law. Fan Mouhai thought that the judgment did not specify the amount to be paid in advance and applied for retrial, which was later rejected.

[Performance process of procuratorial organs]

In September 2023, Fan Mouhai applied to a municipal procuratorate for supervision. After examination, the Municipal Procuratorate believed that the court judgment did not directly determine the amount of advance payment, which was not improper. The municipal procuratorate learned from the examination that Fan's real claim was to obtain full industrial injury insurance benefits as soon as possible, but one year after the judgment came into effect, the county social security center still failed to fulfill the obligation of advance payment, in violation of the provisions of Article 94 of the Administrative Procedure Law of the People's Republic of China. The county social security center argued that the reason why it failed to perform the judgment was that the payment system could not calculate the amount and was not sure whether it should be paid. The reason is that the industrial injury in this case occurred in 2013, but the Opinions of the Ministry of Human Resources and Social Security on Several Issues Concerning the Implementation of the Regulations on Industrial Injury Insurance (II) began to be implemented in 2016, and the provisions of the Opinions on "Workers who have not participated in industrial injury insurance shall apply for industrial injury insurance benefits in the production and operation place" have no retroactive effect on this case, It shall not be ordered to undertake the payment obligation according to the opinion. In order to dispel the doubts of the administrative organs, the procuratorial organs organized public hearings and invited deputies to the National People's Congress, CPPCC members, law professors, etc. It was finally agreed that the opinion was a clarification of the relevant jurisdiction issues in the implementation of the Regulations on Industrial Injury Insurance, and should be applied according to the principle of "starting from the new procedure". The procuratorial organ then made procuratorial suggestions to the social security center of a county according to law. The social security center of a county actively applied for superior support to solve the problem that the system could not be accounted for. On December 14, 2013, it paid Fan a one-time disability allowance and other work-related injury insurance benefits of 270000 yuan in advance, and since 2024, it has paid more than 2680 yuan of disability allowance, living care fees, etc. every month.

Typical significance

The advance payment system of industrial injury insurance is conducive to the full protection of employees after injury. The People's Procuratorate shall hold an objective and fair position when handling the case of administrative effective judgment supervision of industrial injury insurance payment in advance, and in the attitude of solving the injured workers' anxieties, it shall not only review whether the effective judgment is improper, ensure the fairness of the judgment results, but also supervise and correct the illegal acts in litigation implementation activities, and ensure that the implementation is in place and legal. In this case, the procuratorate of a city, after a comprehensive review, found that the reason for Fan's application for supervision was not tenable, and found that the administrative organ had different understanding of the retroactivity of the relevant provisions, which delayed the performance of the obligation determined by the effective judgment, so it eliminated the differences through public hearings, carried out administrative litigation enforcement supervision according to law, and urged the administrative organ to pay the work-related injury insurance benefits in advance, Safeguard the legitimate rights and interests of workers.

Case 8

The People's Procuratorate of Huadian City, Jilin Province urged and protected Administrative public interest litigation case of rights and interests of rural workers

Keywords

Administrative Public Interest Litigation Prosecutors Suggest Rural Laborers' Rights and Interests to Protect People's Livelihood Agricultural Machinery Safety

Basic Case

Huadian City, Jilin Province is located in the hilly and mountainous area in the southeast of Jilin Province. The plot is fragmented and messy, with many slopes and ridges, and the shape is irregular. Large and medium-sized agricultural machinery is difficult to work in the ground, and small agricultural machinery is widely used. Since 2020, accidents such as death, serious injury and minor injury have occurred frequently in Huadian City due to driving agricultural machinery without a license, refitting without permission, illegal road use, illegal disassembly and assembly of agricultural machinery, unauthorized removal of safety protection, improper operation and use, and the number of injured people is increasing year by year. The degree of injury caused by agricultural machinery is relatively serious.

[Performance process of procuratorial organs]

At the beginning of May 2023, the volunteers of "Benevolence for the Public" reported the clues of the case to the People's Procuratorate of Huadian City, Jilin Province (hereinafter referred to as Huadian Municipal People's Procuratorate). Huadian Municipal People's Court decided to file a case for investigation. After obtaining the injury caused by agricultural machinery from Huadian People's Hospital and Hospital of Traditional Chinese Medicine in recent years, it was found that 145 people were injured by agricultural machinery, including 39 in 2020, 47 in 2021 and 59 in 2022, with year-on-year growth of 20.5% and 25.5% respectively, showing an upward trend year by year. In 145 accidents, 96 people were slightly injured, 48 seriously injured and 1 died. The agricultural machinery that caused injuries were mostly single ridge harvesters, grain dumpers and rotary tillers. Through comparison with the identity information provided by Huadian Disabled Persons' Federation, it is found that 8 people have been disabled due to the use of agricultural machinery since 2020.

Huadian Municipal People's Hospital carried out a survey from the perspectives of agricultural machinery production, sales, use and modification, visited agricultural machinery manufacturing, sales and maintenance enterprises on the spot, and learned about the factory standards, operating specifications and safety issues of agricultural machinery. We investigated 46 people injured by agricultural machinery in 10 towns and streets of the city. The investigation found that non-standard registration of agricultural machinery, operators working without certificates, modification of agricultural machinery and operation with diseases were the important reasons for agricultural machinery accidents.

On July 25 of the same year, Huadian Municipal People's Court, in accordance with the relevant provisions of the Regulations on the Administration of Tractor and Combine Driving Licenses and the Regulations on the Administration of Agricultural Machinery in Jilin Province, formulated and issued procuratorial suggestions to Huadian Agricultural and Rural Bureau for illegal acts such as driving agricultural machinery without a license, false training of supervision institutions, organizing examinations, failing to perform obligations such as registration, invalidation and patrol according to law, It is suggested that the supervision and inspection of agricultural machinery safety production should be strengthened to prevent agricultural machinery safety problems from harming the rights and interests of rural workers.

After receiving the inspection suggestions, Huadian Agriculture and Rural Affairs Bureau organized and carried out pre job training for agricultural machinery drivers, standardized examination procedures and contents, publicity of agricultural machinery safety knowledge and improved mechanisms, etc., dispatched 210 law enforcement personnel (times), 110 law enforcement vehicles (times), accumulatively 800 sets of agricultural machinery vehicles for safety inspection, and 128 sets of agricultural machinery vehicles were registered. 65 people were organized to pass the training and obtain driving licenses, 100000 reflective strips were issued, 15000 copies of A Letter to a Farmer Friend and various agricultural machinery brochures were issued, and the agricultural machinery registration system, examination and training verification system, sales registration system and daily inspection system were improved and implemented. The safety protection effect of agricultural machinery was significantly improved.

Huadian Municipal People's Procuratorate reported the handling of this case to Jilin Municipal People's Procuratorate. Jilin Municipal People's Procuratorate found that similar situations also existed in other cities and counties under its jurisdiction, so it decided to directly handle it as a municipal public interest litigation case. After investigation, it believed that the safety problems of agricultural machinery throughout the city were more complex and diverse, involving agricultural and rural areas, market supervision, transportation and other regulatory departments, On November 7, 2023, Jilin Municipal People's Court made and issued procuratorial suggestions to Jilin Municipal People's Government to urge and organize multiple departments to perform their duties together. After receiving the suggestions, the municipal government organized the Municipal Bureau of Agriculture and Rural Affairs, the Market Supervision Administration and the Traffic Management Department to set up a leading group for the safety supervision of agricultural machinery in the whole city. From five aspects of strengthening system improvement, refining management responsibilities, promoting source governance, building a coordination mechanism, and strengthening publicity and training, it comprehensively blocked the loopholes in the safety supervision of agricultural machinery, and formed a long-term mechanism for the safety prevention of agricultural machinery. In view of the problem of disability assessment and medical insurance reimbursement of rural workers after their agricultural machinery was damaged, Jilin Municipal Hospital coordinated with the medical insurance department and the Disabled Persons' Federation to establish a "green channel", simplify the declaration process, and effectively and efficiently provide convenient services for rural workers.

Typical significance

（1） When handling agricultural administrative public interest litigation cases, the procuratorial organ should accurately and effectively carry out supervision on the basis of comprehensive investigation, and find the driving force to protect the rights and interests of rural workers. Agricultural machinery safety concerns the right to life and health of rural workers, is an important guarantee for agricultural development and food security, and is an important livelihood issue. In view of the problems existing in the safety supervision of agricultural machinery, the procuratorial organs actively play the supervision function of public interest litigation, carry out all-round social investigation, accurately urge the administrative organs to strengthen the safety supervision of agricultural machinery in the links where problems are prone to occur frequently, and protect the life and health of farmers and workers.

（2） In handling cases, procuratorial organs should take individual cases as a cut, promote the coordinated efforts of administrative organs by integrated performance of duties, and form a long-term mechanism to promote comprehensive social governance. In order to form a joint force to safeguard the rights and interests of farmers and workers, the procuratorial organs insist on performing their duties in an integrated manner, accurately trace the source from multiple problem links and functions of multiple departments, urge the municipal people's government and multiple competent departments to integrate their efforts, form a long-term mechanism for agricultural machinery safety prevention, plug the loopholes in agricultural machinery safety supervision, and promote the solution of risks and hidden dangers in the field of agricultural machinery safety production with procuratorial public interest litigation Prominent problems. In view of the post injury disability assessment and medical insurance reimbursement of rural workers, we will promote relevant units to provide high-quality and convenient services for rural workers, and do a good job in procuratorial work for the people.