Give full play to the function of administrative procuratorial supervision to help eradicate typical cases of salary arrears

Notice on Printing and Distributing the "Giving Full Play to the Functions of Administrative Procuratorial Supervision to Help Cure Typical Cases of Wage Arrears"

People's Procuratorates and Federation of Trade Unions of all provinces, autonomous regions and municipalities directly under the Central Government, People's Procuratorates and Federation of Trade Unions of Xinjiang Production and Construction Corps:

To do a good job in eradicating wage arrears and safeguarding the legitimate rights and interests of the majority of workers is related to the people's urgent needs and concerns, as well as social harmony and stability. General Secretary Xi Jinping attaches great importance to ensuring the payment of migrant workers' wages and has made important instructions and instructions for many times. In December 2023, the Supreme People's Procuratorate will issue a special notice to deploy a thorough cure of salary arrears. In February this year, the Supreme People's Procuratorate and the All China Federation of Trade Unions jointly issued the Notice on Promoting the Cooperative Application of the "One Letter and Two Books" System to Protect the Rights and Interests of Workers, strengthening the cooperation between procuratorial organs and trade unions to protect labor The legitimate rights and interests of employees shall be settled according to law. In order to implement the deployment of the special action to eradicate wage arrears and the "one letter, two letters" system, give play to the exemplary, guiding and leading role of typical cases, and promote the settlement of wage arrears in accordance with the law, we have screened and compiled the "Give Full Play to the Administrative Procuratorial Supervision Function to Help Cure Typical Cases of Wage Arrears" for reference.

These four typical cases highlight the source of complaint management and help to eradicate the problem of wage arrears. The procuratorial organ urges to solve the problem of excessive unpaid wages in the construction industry, service industry and other fields by handling administrative non litigation implementation supervision cases; In the case of malicious cancellation of wages owed by enterprises, irregular court enforcement, etc., we actively used the big data supervision model to carry out special supervision, establish a long-term mechanism, give full play to the advantages of integrated, comprehensive and dynamic performance, and effectively promote the source governance of the problem of wages owed by workers. The trade union timely investigated and found the problem of workers' wage payment, strengthened the cooperation and co governance with the procuratorial organ, and effectively protected the legitimate rights and interests of workers. These cases have guiding significance for procuratorial organs at all levels and trade unions to give full play to their functions and work together to eradicate wage arrears.

It is the political responsibility of the procuratorial organs and trade unions to do a good job in eradicating wage arrears. It is necessary to deeply understand the importance of eradicating wage arrears, implement the deployment of the special action to eradicate wage arrears, implement the requirements of "handling every case with high quality and efficiency", strengthen the supervision and correction of wage arrears cases, and strive to provide strong legal services and judicial guarantees for the eradication of wage arrears.

All China Federation of Trade Unions, Supreme People's Procuratorate

April 3, 2024

Case 1

A case of procuratorial supervision over the administrative non litigation execution of labor arrears in a catering company in Shanghai

Keywords

Administrative non litigation execution supervision, malicious cancellation of arrears of wages, integrated performance of duties

Basic Case

When the Human Resources and Social Security Bureau of a district in Shanghai applied to the people's court of a district for compulsory enforcement of the administrative decision of a catering company to order it to pay back workers' wages, it found that the company had been cancelled, and then the bureau revoked the original Administrative Decision, but did not make a new administrative decision. Zhong and other workers thought that the District Human Resources and Social Security Bureau should apply to the court for compulsory enforcement, but did not apply, resulting in their failure to obtain labor remuneration in time. From September 2022 to February 2023, they successively applied to the People's Procuratorate of a district in Shanghai (the District Procuratorate for short) for supervision.

[Performance of procuratorial organs]

The District Procuratorate reviewed and found that the case involved 35 workers, some of whom were over age workers, and most of them were migrant workers. Due to the different identities and relief methods of the applicants, their rights and interests could not be fully protected only through administrative procuratorial work, and multiple functional departments of the procuratorial organ were required to intervene. The administrative procuratorial department then formulated a work plan for multi department supervision, took the lead in setting up a "clue handling team for migrant workers involved in agriculture" composed of administrative, civil, criminal and complaint procurators, carried out special case handling, and performed their duties as a whole to carry out the supervision work in succession. First of all, we made and issued procuratorial suggestions to the District Human Resources and Social Security Bureau, urged them to make a new administrative decision, and ordered three shareholders to pay the wages and overtime pay in arrears. Secondly, because the company's shareholders refused to pay, civil support litigation was carried out. After the above work, there are still some workers who have not been paid. Urge the District Human Resources and Social Security Bureau to transfer the clues of the suspected crime of refusing to pay labor remuneration to the public security organ.

After the procuratorial organs performed their duties in one body, all the wages owed by 35 workers were recovered. In response to the corporate malicious cancellation governance problem found in the case handling, the District Procuratorate, together with the District Human Resources and Social Security Bureau and the District Market Supervision Bureau, formulated the Opinions on Establishing a Linkage Mechanism between Administrative Supervision and Administrative Procuratorial Work in Labor Dispute Cases (Trial), forming the first grass-roots Opinions on Strengthening the Judicial Information Exchange and Linkage Mechanism of Administrative Law Enforcement of Market Subjects (Trial) in the city, Prevent the risk of malicious logout. At the same time, the District Procuratorate and the District Federation of Trade Unions jointly issued the Framework Agreement on the Cooperative Work Mechanism of the District Procuratorate and the District Federation of Trade Unions to jointly promote the protection of workers' labor rights and interests, further clarifying that relying on the Administrative Procuratorial Coordination Group of the District Committee to comprehensively govern the district according to law, the District Procuratorate and the District Federation of Trade Unions will promote relevant administrative organs to perform their regulatory responsibilities, and form a joint force in the work of "solving arrears and ensuring wages".

Typical significance

The procuratorial organ should adhere to the concept of integrated performance of duties in handling cases involving group wage arrears of workers, aiming at the complicated problems of the identity of the employees and the ways to safeguard their rights, which may involve the performance of multiple procuratorial functions. Through the establishment of a cross departmental joint case handling team, the internal supervision force should be formed, and the external coordination should urge the administrative supervision department to strictly perform its duties in accordance with the law, Regularly communicate with trade union organizations about cases involving labor rights protection, strengthen cooperation, resolve disputes in a timely manner, and jointly safeguard the legitimate rights and interests of workers. In response to the deep-seated social governance problems of enterprises found in handling cases, such as using the judicial information barrier of law enforcement and malicious cancellation to evade legal liabilities such as salary arrears, we led the administrative law enforcement agencies and the market registration authorities to establish information exchange and work linkage mechanisms, and maintain the honest and trustworthy market registration management order.

Case II

A procuratorial supervision case of administrative non litigation execution of equal arrears of wages of a construction labor company in Anhui

Keywords

Administrative non litigation implementation supervision of enterprise salary arrears second application supervision

Basic Case

A construction labor company in Anhui Province owed a total of 140000 yuan to Liu and other three people, a wood company owed a total of 80481 yuan to Zhang and other 11 people, and a plastic technology company owed a total of 19122 yuan to Sun and other three people. The above three companies were respectively issued a written decision on the administrative treatment of the labor capital payment within a time limit by the Human Resources and Social Security Bureau of a county. One of the plastic technology companies was also given an administrative punishment by the County Human Resources and Social Security Bureau for arrears of wages. The above three administrative decisions and one administrative penalty decision shall be applied for administrative non litigation execution by the County Human Resources and Social Security Bureau to the court. After examination, a county court made a ruling approving compulsory execution for all four cases, but did not file a case for execution. The County Human Resources and Social Security Bureau again applied to the county court for compulsory execution. After the county court filed a case against a wood company for execution, it also considered that the County Human Resources and Social Security Bureau, as the subject of the application for execution, did not comply with the law, and ruled to reject the application for execution by the County Human Resources and Social Security Bureau. The county courts of the other three cases also delayed in filing the case for execution after receiving the second application materials. The People's Procuratorate of a county in Anhui Province (hereinafter referred to as the county procuratorate) found the above clues in the process of carrying out administrative procuratorial work, and started supervision according to its authority.

[Performance of procuratorial organs]

After examination, the county procuratorate believed that, according to the provisions of Article 160 of the Interpretation of the Supreme People's Court on the Application of the Administrative Procedure Law of the People's Republic of China, Item 1 of the Notice of the Supreme People's Court on Issues Related to Handling Cases of Administrative Organs Applying for Compulsory Enforcement, and Article 13 of the Opinions of the Supreme People's Court on the Rational Allocation and Scientific Operation of Enforcement Power, The case in which the court has made a ruling granting compulsory execution shall be transferred to the county court for filing and execution. The county court has not filed and executed the case, and has been negligent in performing its duties. At the same time, according to the provisions of Article 44 of the Several Provisions of the Ministry of Human Resources and Social Security on the Implementation of the Regulations on Labor Security Supervision, the labor administrative department can apply to the people's court for compulsory implementation of the administrative punishment decision and the administrative treatment decision to order the payment of wages and remuneration to workers according to law, The county court ruled that the application for execution was rejected by the application subject of the county Human Resources and Social Security Bureau as unqualified, which did not conform to the legal provisions.

The county procuratorate supervised the four cases mentioned above according to law, suggested that the court revoke the ruling rejecting the application for enforcement, and put on record the three cases that were not put on record for enforcement, and corrected the practice of applying for enforcement twice for administrative non litigation enforcement cases. The county court adopted the procuratorial recommendation, and the series of cases have entered the execution procedure, three of which have now been completed.

Typical significance

The arrears of wages of employees by enterprises are related to the protection of their labor income and legitimate rights and interests. As for the handling of the problem of salary arrears, the administrative organ shall investigate and deal with it, make an administrative decision, apply to the court for execution, and then go to the court to review and make a ruling on the approval of execution. The court execution procedure is the final link to solve the problem. When an administrative organ applies to the court for compulsory execution, the court shall file a case for execution on its own after making a ruling approving compulsory execution, and no secondary application by the administrative organ is required. If the procuratorial organ finds that the court's enforcement activities are improper, it shall supervise them according to law to ensure that the enforcement activities are standardized and effective according to law and effectively safeguard the realization of the legitimate rights and interests of workers.

Case 3

A case of procuratorial supervision on administrative non litigation execution of salary arrears of an agricultural materials sales company in Henan

Keywords

The administrative non litigation implementation supervision changes, and the migrant workers' wages owed by the executed are added

Basic Case

In December 2020, an agricultural materials sales company in Henan Province was administratively punished by the Human Resources and Social Security Bureau of a district in Luohe City, Henan Province, because it defaulted on workers' wages. After a district court accepted the application for compulsory execution from the human and social sectors, it reviewed and approved the compulsory execution according to law. The case entered the execution procedure but no property of the company was found to be available for execution. The district court ruled to terminate the execution procedure on May 10, 2022. In September 2023, at the second meeting of the special action of "One Hundred Days to Tackle the Problem of Wage Arrears of Migrant Workers" in Luohe City, the People's Procuratorate of Luohe City, Henan Province, found the clue of the case according to the work report of the Municipal Federation of Trade Unions, and handed it over to the People's Procuratorate of a district in Luohe City, Henan Province (the District Procuratorate for short) for handling. The district procuratorate shall initiate supervision according to its authority after review.

[Performance of procuratorial organs]

After investigation and verification, the District Procuratorate found out that the company illegally handled the cancellation of registration when the migrant workers' wages were not paid and the administrative punishment was not implemented in place, which led to the failure to continue the implementation of the administrative punishment decision, the District Court did not implement in time according to law, and the District Human Resources and Social Security Bureau did not track the implementation and apply for change and addition of the person to be executed according to law. On the basis of investigation and verification of individual cases, the district procuratorate takes the administrative punishment decisions made by the district human resources and social security bureau in recent three years, and checks the number of cases of unpaid wages of migrant workers in the area under its jurisdiction; In addition, we obtained the list of cases that the district court has executed for enterprises in the past three years and failed to execute in place, analyzed the specific reasons for the failure to execute in place, and checked whether there were problems such as adding, changing operators, and shareholders as the executors.

For the problems reflected in the case, the district procuratorate made and issued procuratorial recommendations to the district court and the Human Resources and Social Security Bureau respectively, suggesting that the district court: 1 Accept the application of the District Human Resources and Social Security Bureau for adding or changing the person to be executed in accordance with the law, and strengthen the implementation; 2. Check the unfinished cases related to salary arrears and review them case by case; 3. Establish a notification mechanism for cases involving salary arrears that have not been fully implemented, and notify relevant departments in a timely manner. It is suggested that the District Human Resources and Social Security Bureau: 1 Perform duties according to law, apply to the court for changing the person to be executed in the case of salary arrears of a company; 2. Screening and sorting out the administrative punishment decisions that have not been implemented in place in recent years, establishing rules and regulations, and making up for loopholes in work; 3. Strengthen communication with market supervision department and establish information sharing mechanism.

The District Court and the District Human Resources and Social Security Bureau both adopted the procuratorial suggestions. After verifying that an agricultural materials sales company had handled the cancellation of registration without the legal liquidation procedure, the District Human Resources and Social Security Bureau submitted to the District Court an application for enforcement to change the three shareholders of the company to be the subject of enforcement; The District Court accepted the application in accordance with the law, listed three shareholders of the company as the persons to be executed, and further strengthened the execution. At the same time, the District Human Resources and Social Security Bureau summarized and sorted out the administrative punishment decisions made from 2021 to 2023, established an administrative punishment account, followed up the implementation of punishment case by case, and carried out special activities in key areas prone to wage arrears such as buildings, catering, bathing, mothers and infants in the area under its jurisdiction; We also communicated with a district branch of Luohe Market Supervision Bureau, established an information exchange mechanism, reported the administrative penalty decision letter of the enterprise for failing to pay a fine after the expiration of the performance period to the market supervision department every month, and coordinated the management of wages arrears involving migrant workers.

The District Procuratorate timely informed the District Federation of Trade Unions of the handling of the case, and reached a consensus on further strengthening the communication and cooperation on the transfer of clues to arrears of migrant workers' wages, legal aid, dispute resolution and other aspects. At the same time, the Opinions on the Working Mechanism for Radical Treatment of Migrant Workers' Wage Arrears were countersigned with the District Public Security Bureau, the District Human Resources and Social Security Bureau and the District Housing and Urban Rural Development Bureau to promote the long-term governance of migrant workers' wage arrears.

Typical significance

The issue of migrant workers' wage payment is not only directly related to the vital interests of workers, but also related to social harmony and stability. The procuratorial organ and the trade union organization gave full play to their functions, timely investigated and found the problem of migrant workers' wage payment, and strengthened the synergy and joint governance to effectively protect the legitimate rights and interests of migrant workers. At the same time, we should strengthen the government procuratorial linkage, establish a mechanism for administrative law enforcement and administrative procuratorial supervision to ensure the payment of migrant workers' wages, promote the establishment of information sharing platforms between administrative law enforcement agencies and market registration agencies, effectively solve the problem of migrant workers' wage payment, and promote the administrative organs to administer according to law.

Case 4

A Case of Administrative Non litigation Execution, Procuratorial Supervision of an Education Company in Hunan Province to Evade Payment of Labor Remuneration

Keywords

Administrative non litigation execution supervision Malicious cancellation to avoid big data supervision of payment

Basic Case

On September 25, 2020, an education company in Hunan Province was ordered by the human resources and social security department of a district in Changsha City, Hunan Province, to pay the employee's wages in full according to law because it failed to pay the worker Zhu's wages in full according to law. An education company applied for cancellation of registration in order to avoid payment of labor remuneration after receiving the administrative decision. On November 27, 2020, an education company went through the cancellation of registration. On June 15, 2021, the District Human Resources and Social Security Department applied to a district court for compulsory execution with the company as the subject. On June 25, 2021, the district court ruled to approve the execution, and on December 16, 2021, it ruled to terminate the execution procedure as the company had no property available for execution. The People's Procuratorate of a district in Changsha City, Hunan Province (hereinafter referred to as the District Procuratorate) found the clue of this case in the special activity of administrative procuratorial escort for people's livelihood and interests, and started supervision according to its authority.

[Performance of procuratorial organs]

After examination, the district procuratorate believed that, according to the provisions of Article 101 of the Administrative Procedure Law of the People's Republic of China and Article 23 of the Provisions of the Supreme People's Court on Certain Issues Concerning the Change and Addition of Parties in Civil Enforcement (revised in 2020), the people's social department of a district did not find out the cancellation of registration of an education company and the actual obligations of the company, The actual obligor of the company was not listed as the person to be executed, which led to the wrong identification of the subject to be executed; According to Article 1 of the Provisions of the Supreme People's Court on Strictly Regulating the Termination of this Enforcement Procedure (for Trial Implementation) and Article 2 of the Notice of the Supreme People's Court on Further Regulating Issues Related to Recent Implementation, "Issues Related to the Termination of this Enforcement Procedure", A district court did not find out that an education company had been cancelled, which ended the execution procedure improperly with the company having no property available for execution. On June 15, 2023, on the above issues, the District Procuratorate issued procuratorial suggestions to the District Human Resources and Social Security Department and the District Court respectively, urging the District Human Resources and Social Security Department to apply to the District Court for changing the original shareholder of an education company as the person to be enforced according to law, and suggested that it find out the existence of the enterprise in the future, confirm the person to be enforced, and establish, change The cancelled registration files and other supporting materials shall be attached to the court; It is suggested that the district court should accurately terminate the execution procedure according to law and exhaust the property investigation measures.

On June 19, 2023, the District Human Resources and Social Security Department adopted the procuratorial proposal to apply to the court to change the shareholder of an education company as the person to be executed, and at the same time, conduct a centralized investigation on the cases of malicious cancellation of the company; The District Court adopted the procuratorial suggestion and said that in the future, it would strengthen the investigation of the existence of enterprises and the actual duty bearers, standardize the termination of this execution procedure, and resume the execution of the case. After the resumption of implementation, the original shareholder of an education company fulfilled the administrative decision and paid all the employees' wages in arrears.

Through the analysis and judgment of the case, it is not a case that the enterprise's malicious cancellation harms the rights and interests of workers. The district procuratorate promotes problem governance with special activities, comprehensively investigates the administrative non litigation enforcement cases involving labor remuneration handled by the district court, and flexibly uses the judgment documents, the national enterprise credit information publicity system, etc. to establish a supervision model for the administrative non litigation enforcement procedures involving enterprises, There are 8 clues for the administrative organ to wrongly identify the subject of execution due to the malicious cancellation of the executed enterprise, 8 clues for the court to terminate the execution procedure and the illegal termination of the execution procedure. The district procuratorate has supervised and corrected 4 cases of the court's illegal termination of the execution procedure and the termination of the execution procedure, and other case clues are being handled.

In order to further address the problem of wage arrears, the District Procuratorate, together with the District Political and Legal Work Department, the District Human Resources and Social Security Department, the District Court and the District Public Security Organ, has jointly formulated the Working Opinions on Establishing a Cooperative Mechanism for Radical Treatment of Wage arrears. In response to the problem of poor information communication between administrative organs, the District Procuratorate has established an information sharing platform and a joint meeting system to form a joint force for the governance of migrant workers' wage arrears, A long-term regular treatment mechanism has been established.

Typical significance

The problem enterprises were maliciously cancelled in an attempt to evade legal liability, which seriously damaged the legitimate rights and interests of workers and damaged the standardized and orderly business environment. The procuratorial organ takes the protection of people's livelihood and people's interests as the starting point and foothold, focuses on specific groups such as people's livelihood areas and workers, finds supervision clues through special supervision and data models, and gives full play to the role of government and procuratorial linkage, promotes the establishment of a linkage mechanism between administrative law enforcement and procuratorial supervision, so as to let the duty bearers of malicious cancellation enterprises assume their due responsibilities and obligations, We will vigorously safeguard the legitimate rights and interests of workers and extend case handling to social governance.