Current location: home page >> Party building
Party building
[May Day Special] Safeguarding the People's Livelihood | Wan 沚 Procurator Defends the Legal Rights and Interests of Workers
Time: May 6, 2024 Author: News source: [Font size: large | in | Small

Tribute to Labor Workers

2024/05/01

work

move

section

Everyone who works hard deserves to be respected






Today is the May Day International Labor Day to protect workers Legal rights and interests are the focus of legal supervision of procuratorial organs. In order to solidly carry out the special action of "inspection and protection of people's livelihood", since this year, the Wangu District Procuratorate has been able to perform its duties according to law, actively participated in the special action to eradicate wage arrears, and continued to do a good job in supporting the prosecution of workers' rights and interests, legal services and other practical things that benefit the people.


Support prosecution and assist migrant workers

Recourse for labor remuneration

Company A is the contractor, who borrows the qualification of Company B, undertakes project construction from Company A in its name, and subcontracts some projects to Company C. The person in charge of Company C invited Mr. Zhu to work on the project site and served as the team leader of Phase II scaffolder project. At the invitation of Zhu, 5 people, including Li, worked as scaffolders on the construction site. Later, Company B owed a total of 150000 yuan of wages to six people including Zhu Moumou and so on on the ground that Company A owed project funds. The project manager, Ren, failed to perform as agreed after issuing a letter of commitment. Zhu failed to ask for wages many times, so he reported the situation to the relevant departments.

Relying on the government procuratorate linkage mechanism established with the District Human Resources and Social Security Bureau, the Wangu District Procuratorate contacted migrant workers in a timely manner. Through investigation and inquiry of the case facts, it clarified the relevant evidence. According to the cooperation mechanism established with the District Judicial Bureau, it coordinated the Judicial Bureau to send legal aid lawyers to the six peasant work committees. In addition, by holding public hearings and interpreting the law and reasoning, the parties initially reached their intention to pay wages, and then issued a supporting indictment to the court. After the settlement of the case, under the further supervision of the Wangui District Procuratorate, the defendant fulfilled the obligation of labor remuneration payment, and six migrant workers, including Zhu, received the salary of 150000 yuan in arrears.

Since this year, the hospital has continued to do a good job in civil support litigation for labor compensation recovery, and handled 11 cases of migrant workers' wage claims. Cooperate with the District Judicial Bureau to appoint legal aid lawyers for vulnerable groups, and coordinate with the court to conduct pre litigation mediation to safeguard the legitimate rights and interests of workers.

Administrative procuratorial security building

field Migrant workers' wages

Through sorting out 9 criminal cases of refusing to pay labor remuneration in the field of project construction handled by the Wangui District Court, after obtaining and verifying relevant case materials, it was found that illegal subcontracting and subcontracting of construction projects existed to varying degrees in the above criminal cases in the field of project construction through investigation; The phenomenon that employers do not sign labor contracts with migrant workers; The employer fails to register migrant workers with real name system; The wage payment system for migrant workers has not been implemented in detail, and some construction projects will fully pay the wages of workers to the contractor; The construction unit and the general contractor of construction have not compacted their responsibilities for the protection of the rights and interests of migrant workers, and even some construction units and the general contractor of construction are not allowed to perform their own responsibilities.

Through field visits to the Human Resources and Social Security Bureau and the Housing and Urban Rural Development Bureau, and after listening to the opinions of the relevant departments, the hospital made and issued procuratorial suggestions to the relevant departments. Through various forms such as case interpretation, it increased the popularity of laws and regulations related to the protection of migrant workers' wage payment, strengthened source governance, and protected the legitimate rights and interests of migrant workers.

Prosecutor's statement

1、 May Day is arranged to work overtime, what's the salary?

Article 44 of the Labor Law of the People's Republic of China stipulates that in any of the following circumstances, the employing unit shall pay higher wages than workers' wages for normal working hours according to the following standards: (1) If workers are arranged to extend their working hours, they shall pay no less than 150 percent of their wages; (2) If a worker is arranged to work on a rest day but cannot take compensatory leave, he shall be paid not less than 200 percent of his salary; (3) If workers are arranged to work on statutory holidays, they shall be paid no less than 300% of their wages. Article 2 of the Measures for Holidays of National Annual Festivals and Memorial Days stipulates that the Labor Day is off for one day (May 1). Therefore, the overtime pay on May 1 should be calculated as 300% of the overtime pay on statutory holidays. The overtime pay for the remaining four days shall be calculated as 200% of the overtime pay for rest days.

2、 What if the unit asks me to sign an agreement and make me promise to give up paying social insurance?


Article 72 of the Labor Law of the People's Republic of China stipulates that "employers and workers must participate in social insurance and pay social insurance premiums according to law". The payment of social insurance is a legal obligation of both employers and workers. Even if they sign a written agreement promising to give up the payment of social insurance, the agreement should be deemed invalid, and workers have the right to request the company to make up the payment.


3、 How can the company protect its rights without paying wages?


In the event that no settlement can be reached through consultation, workers should choose the legal and regulatory approach to safeguard their legitimate rights and interests. For example, there are the following options:


1. Report or complain to the labor security administrative department. According to Article 9 of the Regulations on Labor and Social Security Supervision, any organization or individual has the right to report to the labor and social security administrative department any violation of labor and social security laws, regulations or rules. If a worker believes that an employer has infringed upon his or her legitimate rights and interests in labor security, he or she has the right to complain to the administrative department of labor security.


2. Apply to the local labor dispute arbitration committee for arbitration. According to the relevant provisions of the Labor Dispute Mediation and Arbitration Law of the People's Republic of China, if the labor relationship is terminated, a dispute arising from the arrears of labor remuneration should be raised within one year from the date of termination of the labor relationship; However, during the duration of labor relations, the application for arbitration by a worker is not subject to the limitation period of one year for arbitration. The arbitration award shall be final for the dispute that the amount of labor remuneration claimed does not exceed 12 months of the local minimum monthly wage standard, and the award shall become legally effective from the date of making.


3. Bring a lawsuit or apply for a payment order to the court. According to Article 10 of the Regulations on the Protection of the Payment of Migrant Workers' Wages, migrant workers who are in arrears with their wages have the right to complain according to law, or apply for mediation and arbitration of labor disputes and bring a lawsuit. The second paragraph of Article 30 of the Labor Contract Law of the People's Republic of China stipulates that if the employer defaults or fails to pay the labor remuneration in full, the worker may apply to the local people's court for a payment order according to law, and the people's court shall issue a payment order according to law.


4. Apply to the procuratorial organ for supporting the prosecution. Article 15 of the Civil Procedure Law of the People's Republic of China stipulates that organs, social organizations, enterprises and institutions may support the damaged units or individuals to bring a lawsuit to the people's court for acts that damage the civil rights and interests of the state, collectives or individuals. The civil procuratorial department of the procuratorial organ effectively protects the legitimate rights and interests of workers by supporting them to bring a lawsuit according to law.




Safeguarding the legitimate rights and interests of workers is related to fairness and justice and social harmony and stability. The Bay People's Procuratorate gave full play to its legal supervision function, implemented the requirements of the "Maple Bridge Experience" of the new era on prevention first, mediation first, application of the rule of law, and local settlement of conflicts and disputes, promoted the implementation of labor laws and regulations, and protected the legitimate rights and interests of workers.


Wan Yi Procurator will continue to strengthen the performance of duties

Guard every worker!

Here,

We salute all workers!