Broken!More than ten years of trouble with “salary” eventually resolved

2022-07-25 0 By

After the administrative organ made the decision to order the employing unit to pay wages, the application for court enforcement was rejected twice. After more than ten years, the administrative organ no longer made similar decisions, resulting in the migrant workers have to go through arbitration and litigation to claim wages.The People’s Procuratorate of Zhuhai City, Guangdong Province, took the initiative to open up a convenient and quick channel for migrant workers to seek their salaries.At the end of the year, people who struggle outside all the year round are looking forward to getting their salaries as scheduled and reuniting with their families. The problem of unpaid wages for migrant workers is becoming more and more of a social nerve.Eradicating wage arrears concerns not only the vital interests of every migrant worker, but also the well-being of the people, social stability, equity and justice.In recent years, the procuratorial organs administrative procuratorial departments with xi jinping, the rule of law ideology as guidance, adhere to the people as the center, will solve the problem of peasant workers’ back pay as cement crucial achievements, boost rural revitalization of what needs to be out of poverty, give full play to the functions of two “on hand”, in accordance with the law to move on to settle the problem of wage arrears for migrant rural workers,We handled a number of administrative procuratorial supervision cases concerning “guaranteeing the payment of migrant workers’ wages”.One of them is the case of administrative procuratorial supervision of human Resources and Social Security Bureau’s application for the execution of wage arrears of migrant workers in Zhuhai city, Guangdong Province.In addition to solving the difficulties encountered by administrative organs in applying for compulsory execution, the Institute also urged administrative organs to actively perform their duties in accordance with the law through making and issuing procuratorial suggestions, unblocked the channels for migrant workers to protect their rights, reduced the cost of protecting their rights and the burden of lawsuits, and effectively promoted the source, legal and comprehensive treatment of migrant workers’ unpaid wages.Due to the obvious effect of handling the case, the case was rated as 2021 “Procuratorial work for the people” — administrative procuratorial and civilian counterparts series of typical cases.In the winter of 2005, dozens of migrant workers came to zhuhai Human Resources and Social Security Bureau (hereinafter referred to as “Municipal Human Resources and Social Security Bureau”) and tearfully complained that an enterprise had not paid wages for nearly ten months.”The Chinese New Year is approaching, if the salary is not paid again, the travel expenses back home will be a problem!”The labor supervision department of the Municipal Human Resources and Social Security Bureau, after carefully listening to the introduction of the migrant workers, made an administrative decision to order the employing unit to pay wages, requiring the enterprise to pay wages within the time limit.However, the enterprise refused to implement the administrative decision within the prescribed time limit, nor did it file an administrative review or an administrative lawsuit.Subsequently, the Municipal People’s And Social Security Bureau applied to the Xiangzhou District Court of Zhuhai for compulsory execution.The migrant workers, thinking that they had reached their hope, did not bear in mind the Xiangzhou District Court but issued a Judicial Proposal to the Municipal People’s And Social Security Bureau, informing the bureau that it would not accept such application for compulsory execution or ruled against granting compulsory execution on the grounds that the administrative processing decision made by the Human Resources and Social Security Bureau did not fall within the scope of administrative acts that could be applied for by the court.Helpless, dozens of migrant workers took the labor supervision department to make the fact that the book, walked on the long way to protect their rights, labor arbitration, first instance, second instance…The same thing happened again in the summer of 2013: The Municipal Human Resources and Social Security Bureau also made an administrative decision to order the employer to pay wages for another enterprise’s wage arrears to migrant workers, and again tried to apply to the Xiangzhou District Court for enforcement.The court once again ruled against compulsory execution on the grounds that the administrative processing decision made by the bureau was actually a labor supervision instruction.In view of the fact that the court has made judicial proposals and not allow enforcement of the ruling, since then, the city people club bureau in handling cases of unit of choose and employ persons laborer, migrant wages in arrears, or transferred to public security organs to deal with the clues, or let the workers, migrant workers to apply for arbitration and litigation, not in accordance with law, the decision to instruct unit of choose and employ persons pays salary and apply for a court for compulsory execution.Such a treatment, so that the wage arrears workers, migrant workers rights cycle and litigation greatly increased.”Over the past decade or so, was it the court that handled the wrong case, or was the human Resources and Social Security Bureau negligent in performing its duties?For the behavior of defaulting on migrant workers’ wages, there are obviously faster administrative remedies, why did not play a role?”Zhang Ling, a first-level prosecutor of zhuhai Municipal People’s Procuratorate, was surprised when she found that the number of administrative non-lawsuit execution cases of “unpaid wages of migrant workers” in the city had been zero in the past decade.With questions in mind, Zhang Ling and her colleagues began to visit the labor arbitration Commission, the Labor Supervision Branch of the Human Resources and Social Security Bureau, and other functional departments to conduct extensive investigation and verification.Prosecutors learned at the Zhuhai Labor Arbitration Committee that in many cases of labor compensation disputes accepted by the city, there was no dispute between labor and capital. According to the law, these non-controversial cases did not need arbitration, but without arbitration, migrant workers could not take the step of litigation.And even if the lawsuit is won, the execution period is a long wait, many migrant workers can not afford to wait, the case will be abandoned, wages are hopeless.Only very individual special persistence of migrant workers, will exhaust all kinds of legal remedies to protect their rights.However, due to limited legal knowledge, many migrant workers do not fix evidence in time during employment, resulting in the failure of many cases.In these cases, if the labor inspection and Inspection department can intervene in advance to help fix employment and salary evidence, it can avoid the burden of arbitration and litigation.”For us, the judicial advice of the court is extremely authoritative and guiding, and if they do not grant enforcement, no amount of orders we make will be of no use.We also want to help migrant workers get their wages as soon as possible. The best way is to guide them to arbitration or litigation. If there are more people involved or the amount involved, they will be transferred to the public security organs for investigation.”According to laws and regulations, labor supervision departments can make administrative decisions on unpaid wages and apply to the court for enforcement, according to a person in charge of the labor supervision branch of zhuhai Municipal Bureau of Human Resources and Social Security.However, the reality is that the HSRB did not have no application, but on both occasions the application was ruled not to be enforceable, and the court either advised that such application would not be entertained or ruled not to be enforceable.Xiangzhou District, the main urban area of Zhuhai, has encountered the most cases of wage arrears for migrant workers. Therefore, the prosecutor handling the case contacted the Human resources and Social Security Bureau of Xiangzhou District.According to the bureau chief introduction, zhuhai for laborers’ legitimate rights and interests protection of the legal aid is in place in recent years, rural migrant workers to the labor inspection department complaint when unit of choose and employ persons, have relevant guidance they can get a union lawyer and legal aid lawyer to help, guide their arbitration and litigation, the only problem is time is too long.If the court can make a timely ruling on the enforcement case applied by the human Resources and Social Security Bureau, it can greatly reduce the burden of litigation of migrant workers and timely protect their legitimate rights and interests.”According to the administrative procedure law, the guangdong province wage payment regulations and the provisions of the regulations on the guarantee migrant wages paid as to organize the implementation of human resources and social security administrative department of labor security supervision and coordination of the administrative department in charge of Labour rights work, in view of the behaviors of unit of choose and employ persons laborer, migrant wages in arrears,To make administrative decision and apply to the court for compulsory execution has legal basis.”Zhang Ling said.But the past is the past, and the supervisory courts’ rulings in 2005 and 2013 have lacked relevance and timeliness.Nowadays, administrative cases in Zhuhai have been under the centralized jurisdiction of the courts in The Jinwan District of Zhuhai since 2017. Zhang Ling believes that the procuratorial organs should make precise efforts to effectively solve the problem and smooth the channels for the bureau of Human Resources and Social Security to apply for court enforcement of administrative decisions.The procuratorial authorities have asked the labor supervision department to find out about the situation of migrant workers’ claim for unpaid wages.The past should not be remonstrated, but the future can be pursued.In order to ensure that migrant workers can claim their wages more conveniently and quickly in the future without repeating the long road of safeguarding their rights, zhuhai Procuratorate had a discussion with the Court of Jinwan District on April 15, 2020, and conducted in-depth discussions on how to apply for compulsory enforcement of such cases.After listening to the introduction, the relevant person in charge of the Court in Jinwan District immediately said that the court would accept the administrative non-litigation compulsory execution case applied by the Human Resources and Social Security Bureau according to law, as long as there is no dispute between the laborer and the employer about the amount of unpaid wages.Since then, zhuhai human resources and social security departments have been difficult to apply for non-lawsuit execution for more than ten years, and the problem has been solved.Instead of closing the case, prosecutors began to think further:More than 10 years ago by the judicial proposal and the xiangzhou district has injected court shall not accept ruled that although there is no legal basis, but people club department after 2013, Ming know according to the administrative procedure law, the guangdong province wage payment regulations, such as people club department can make a decision on administrative punishment and the court for compulsory execution is requested, but why still not started?Is it really just the authority of the court’s judicial advice?In view of this problem, on May 7, 2020, the Procuratorate of Zhuhai city had another discussion with the Municipal Bureau of Human Resources and Social Security.Symposium, procuratorial organs first attitude – that is the case in administrative procuratorial supervision, not simply to achieve the purpose of error correction, the procuratorial organs truly hope to jointly with the administrative organs, the administrative efficiency, judicial efficiency maximally protect the legitimate rights and interests of migrant workers friends, improve the efficiency of the migrant workers punish back pay,Reduce the litigation costs of migrant workers seeking back wages.Through the discussion and exchange, the human resources and social security departments agreed with the concept of the procuratorial organ, and expressed their willingness to accept the supervision of the procuratorial organ on the spot, and to take the initiative to perform their duties in the following work.In view of this, zhuhai Municipal Procuratorate, based on the “penetrating” supervision concept and from the perspective of social governance, has made and issued a procuratorial recommendation to Zhuhai Municipal Human Resources and Social Security Bureau to promote the root cure of the problem of unpaid wages of migrant workers from the source, broaden the relief channels of unpaid wages of migrant workers, and improve the efficiency of solving the problem of unpaid wages, requiring them to actively perform their duties:One is to the employing unit arrears the wages of workers and the fact of arrears, the amount of clear cases, the human resources and Social Security Bureau should be ordered to pay the administrative decision according to law, if the employing unit does not fulfill its obligations and do not file a lawsuit, should promptly apply to the court for compulsory execution according to law;Second, when applying for compulsory execution by the court, the Human Resources and Social Security Bureau should make a detailed determination and explanation of the number and amount of unpaid wages of the employer in strict accordance with the judicial interpretation of the Supreme People’s Court, so as to make the contents of the administrative decision enforceable;Third, after applying for compulsory execution by the court, the human Resources and Social Security Bureau shall promptly apply to the procuratorate for supervision if the court refuses to accept the application or rules against the execution.City people club bureau, after receipt of the procuratorial recommendations in a timely manner to its carried on the thorough analysis of existing problems, and to the municipal labor security supervision agency issued “on further strengthening and regulating the administrative punishment decision notice, for the city’s labor security supervision agencies at all levels in the treatment of not full specified amount to pay labor remuneration in accordance with the law cases,The administrative decision shall be made according to the progress of the case and the court shall be applied for compulsory execution.After the notice was issued, the Municipal Human Resources and Social Security Bureau immediately made administrative decisions on the payment of labor remuneration in full and additional compensation to the four employers in arrears of migrant workers’ wages, and applied to the court for enforcement of two of the cases on March 16, 2021.Six days later, the court issued an order granting execution.Finally, the administrative decision was quickly implemented.(Wang Lei, Procuratorial Daily)