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Case interpretation
After supporting the prosecution, 82 migrant workers were paid
Time: March 29, 2024 Author: News source: [Font size: large | in | Small

From March to October 2022, Xu and other three people rented fields to plant eggplants in a township in Jixi County, and Zhou and other 82 people were employed in farming, picking eggplants and other labor services. After completion, Xu and other people defaulted on labor remuneration of 140000 yuan. After many times of mediation by the local township government, it has been fruitless. In desperation, Zhou and others turned to Jixi County Procuratorate for help and applied for support for prosecution.

On October 24, 2023, after the Jixi County Procuratorate accepted the case, it found that the parties were all older farmers with low educational level and weak litigation ability. To this end, the undertaking prosecutor took the initiative to visit and carry out investigation and verification one by one. Through the investigation, we know that Xu, Xu, and Jiang are in partnership, Xu is responsible for sales, and Xu and Jiang are responsible for personnel management. The two parties did not sign a written agreement, but only made an oral agreement. The salary was calculated at 7 yuan per hour, and 30% of the labor remuneration was paid in July 2022. The balance was not paid.

To eradicate the problem of wage arrears is related to the vital interests of workers and social harmony and stability. In this case, Zhou and others are ordinary people in the countryside. Due to the non-standard market, lack of legal knowledge and other reasons, they did not sign a written labor contract with the employer, and the rights and interests of workers to obtain labor remuneration were violated. The procuratorial organ is duty bound to take the initiative to provide legal advice and assist in collecting evidence in a timely manner after obtaining the information of this case.

The undertaking prosecutor believes that Zhou is employed by Xu, Xu and Jiang in eggplant farming. Although no written contract has been signed, the two parties have formed a de facto labor relationship, which is protected by law. XX and so on this week 82 people have provided corresponding labor services to Xu Moujie, Xu Moujun and Jiang Mouyu, and these three people should fully fulfill their obligations and pay labor remuneration in full and in time. The act of Xu Xujie's three people defaulting on labor remuneration has damaged the civil rights and interests of 82 people including Zhou Xujie. On October 27, 2023, Jixi County Procuratorate issued a supporting indictment to the local court.

After the case was prosecuted, the county procuratorate actively communicated with the court to resolve the contradictions and disputes between the parties. After the case judgment came into effect, the procuratorial organ continued to follow up and supervise the implementation, and finally assisted Zhou and others 82 people recovered about 140000 yuan of labor remuneration in full, which ensured the people's reasonable interest demands, and realized the settlement of the case and human harmony.