Involving remuneration for work, compensation for work-related injuries and identification of occupational diseases, etc., the number of people is large and the amount of money is large. With the help of legal aid, some cases paid workers nearly ten million yuan
Recently, the Ministry of Justice issued the 2019\" legal aid service migrant workers 10 typical cases,\" the case shows that migrant workers pay cases are large, mass cases, the amount of money involved in the case, pay difficult, hard to protect the rights of the problem is still a worry.
In order to standardize the wage payment behavior of migrant workers, ensure that migrant workers get their wages in full and on time, and improve the legal service quality of migrant workers'groups, a full-time and time-bound public legal service network is being stepped up, online and offline channels continue to expand, laws and regulations continue to improve, and the rights and interests of migrant workers will be more powerfully protected.
As the company halted production,777 migrant workers were paid more than 7.89 million yuan in arrears. With the help of legal aid lawyers, the arbitration body supported all the arbitration requests made by lawyers, and a group of migrant workers'case was finally successfully resolved.
It was one of the \"Ten Typical Cases of Legal Aid Service Migrant Workers\" in 2019, released by the Ministry of Justice on January 2. Hu Zhanshan, director of the Legal Aid Center of the Ministry of Justice, said:\" The top ten cases have three remarkable characteristics: one is that there are many cases of seeking salary; the other is that there are many mass cases; and the third is that the amount involved is large, some of them, through the efforts of legal aid lawyers, to recover nearly ten million yuan for migrant workers.\"
A ceramic limited company has defaulted on migrant workers'wages since September 2017 after taking over the business of a porcelain company in Jiangxi's Pingxiang 777 migrant workers'payroll case. September 3,2018, due to poor management, the ceramics Co., Ltd. completely shut down production, arrears of 777 migrant workers wages up to millions of yuan, the company's head of missing.
On January 23,2019, legal aid lawyers filed an arbitration on behalf of migrant workers, asking a ceramic limited company and a porcelain industry limited company to jointly pay a total of more than 7.89 million yuan to 777 migrant workers. On February 14,2019, the Arbitration Commission ruled in support of the full arbitration request made by the lawyer. The latter two companies, through asset disposal, paid more than 5.5 million yuan in arrears to 777 migrant workers, leaving 2.3 million yuan to be paid after bankruptcy liquidation.
The case was eventually successfully resolved, but it is still a problem for some migrant workers. According to statistics, in 2018, legal aid institutions at all levels handled more than 10,000 cases of legal aid for migrant workers, an increase of% over the same period last year. Among them, the number of cases in which migrant workers requested payment of remuneration for work was 10,000, an increase of% over the same period last year.
On May 20,2019, the Ministry of Justice opened a \"green channel for migrant workers'unpaid wages for help\" in China's legal service network to provide legal advice, legal aid applications, relevant policies and regulations and judicial case inquiries for migrant workers. As of December 31,19992 visits had been made by the Green Channel. Among them,\" salary consultation \"reached 4560,\" problem reflection\" reached 2135.
The release of the top 10 cases, Shanxi Province Jincheng legal aid center for Lu compensation for work-related injuries legal aid case, for two years, the process twists and turns. In cases where the labourer has not signed a labour contract and lacks evidence to prove the labour relationship, the contractor's lawyer will eventually help the recipient to obtain compensation for work-related injuries in accordance with the newly promulgated local regulations.
On January 9,2017, Lu went to a company to decorate the project to engage in wall plastering work, the two sides did not sign a written labor contract. On january 14, lu fell while working, a company said the wall plastering work has been contracted to yuan, lu is working for yuan. On January 18, a company refused to pay Lu any fees after paying him 10,000 yuan.
On February 21,2017, Lu applied for industrial injury recognition was told to confirm labor relations first. On March 10, Lu applied for legal aid to Shanxi Jincheng Legal Aid Center. The Arbitration Commission rejected Lu's request for arbitration. Lu sued. The court of first instance ruled that lu had a labor relationship with a company. A company appealed and the court of second instance quashed the first-instance judgment.
In the course of the arbitration and litigation of the case, the people's Government of Shanxi Province promulgated the regulations on the implementation of industrial injury insurance in Shanxi Province in April 2017. The method is clear,\" if a contracting unit with the qualifications of the employing subject violates the provisions of laws and regulations, subcontracting the contracted business to an organization or a natural person that does not have the qualifications of the employing subject, and if the organization or the laborer employed by the natural person engages in the contracted business as a result of work casualties, the contractor with the qualifications of the employing subject shall bear the liability of the employer for industrial injury insurance according to law.\"
The introduction of the method, for Lu to identify work-related injuries to provide a new basis. In the end, Lu got all the money from a company, such as medical expenses, hospital meals, salary for the rest period, one-time disability allowance, etc.
In response to the problem of non-standard signing of labor contracts for migrant workers and difficult to obtain evidence and protect their rights, the Ministry of Justice carried out the labor contract census and physical examination activities in the first half of 2019 in the country. Shi Hansheng, deputy director of the Administration of Public Legal Services at the Ministry of Justice, said that from May to June 2019 alone, more than 3,000 seminars were held in 11 provinces and municipalities, including Beijing, Sichuan, Jiangxi and Heilongjiang, visiting more than 200,000 enterprises, investigating nearly 3 million labor contracts, combing more than 110,000 problems and guiding the handling of more than 50,000 cases of legal aid for migrant workers.
The release of the top 10 typical cases, involving recovery of labor compensation, compensation for work-related injuries and occupational disease identification, involving a large number of people, the amount involved in the case, some cases are difficult to obtain evidence and other difficult problems. With the help of legal aid lawyers, some workers get nearly ten million yuan in compensation for labor in mass cases.
“hopes that through the release of the case, migrant workers'friends can raise their awareness of prevention, understand legal aid, in the process of working, to prevent in advance, in case of legal problems, pay attention to retain all kinds of evidence, enhance awareness of rights, can actively seek legal aid. Hu zhanshan said that this is also to remind the majority of employment enterprises to enhance the awareness of respect for the law and abide by the law, employment according to law, take the initiative to sign labor contracts with migrant workers, pay wages and remuneration on time and pay related insurance, to assume corporate social responsibility.
Behind the typical case, a full-service full-time public legal service network is being constructed. On-line services, since the opening of the \"green channel for migrant workers'unpaid wages,\" the Ministry of Justice has transferred more than 1,600 cases of unpaid wages to the Ministry of Human Resources and Social Security and local legal aid agencies, helping to recover more than 2,700 million yuan.
Recently, Premier Li Keqiang signed a State Council order promulgating the Regulations on the Protection of Migrant Workers'Wages (hereinafter referred to as \"the Regulations \"), which will come into effect as of May 1,2020. The Regulations provide for ensuring the payment of migrant workers'wages from the aspects of implementing the principal responsibility, standardizing the behavior of paying wages, clarifying the responsibility for paying off wages, refining the key areas'governance measures and strengthening the means of supervision.
In addition, the Ministry of Justice has issued the List of Public Legal Services to further improve the quality of legal services and ensure that migrant workers and other groups have free access to basic public legal services.It has formulated and issued the national standard of legal aid for criminal and civil administration, deepened the activities of \"legal aiding and benefiting migrant workers \", and carried out a number of joint actions with the National Federation of Trade Unions and Trade Unions to\" respect the law and abide by the law and build dreams \"to serve the public welfare legal services of migrant workers, provide legal aid services that meet the standards and safeguard the legitimate rights and interests of migrant workers according to law. (Lu Yue)