After the contracted foreman owed wages, "disappear", the court and related units negotiated "debt collection" for more than three years, 12 workers received 180,000 yuan of hard-earned money
News from this reporter (reporter Ye Xiaozhong correspondent Huang Sujing Li Zhiwen) On April 24, a migrant worker's representative, Pan, presented a banner of "Defending Legal Dignity and Protecting People's Interests" to the People's Court of Xinfeng County, Shaoguan, Guangdong. On the same day, 12 migrant workers received more than 180,000 yuan in execution money over three years in the Xinfeng Court.
In 2015, Xinfeng Water Conservancy Center, as the tenderer, determined that a design institute in Guangdong and a hydropower company in Guangzhou were the successful bidders for the small farmland water conservancy key county project in Xinfeng County, Shaoguan City through the bidding process. Later, a certain hydropower company in Guangzhou subcontracted a certain bidding section of the winning project to Huang Mou for construction. During the construction process, Huang leased the excavator of Yu Mou and others, and hired them to work, and has been in arrears with 12 people such as Yu.
In January 2017, Yu Mou and others filed suits successively to the court, requesting Huang Mou, a design institute in Guangdong, a hydropower company in Guangzhou, and Xinfeng Water Conservancy Center to jointly pay for the project.
During the court hearing, a Guangzhou hydropower company stated that it had settled and paid all the construction money to Huang Mou in August 2016, and there was no situation of arrears in the construction money.
Because Yu et al. Did not provide the corresponding evidence that the three defendants of a design institute in Guangdong, a hydropower company in Guangzhou, and Xinfeng Water Conservancy Center had a liquidation obligation, the Xinfeng County People's Court ruled that Huang Mou paid Yu Mou et al.'S total construction cost of 234,541 yuan.
After the verdict, Huang Mou still did not perform. Since November 2017, 12 workers have applied to the court for enforcement.
After Huang Mou defaulted the project payment series, the executive judge investigated and found that Huang had no property to execute, and Huang did not know where to go.
The Xinfeng Court Executive Bureau used the diversified resolution mechanism of contradictions and disputes to cooperate with the Xinfeng Water Conservancy Center, a Guangzhou hydropower company, a design institute in Guangdong and other departments to communicate and negotiate the case, and guide migrant workers to adopt legal channels for rational and legal rights protection. , Eased the excitement of the workers.
In October 2018, the county court executive bureau again organized representatives of migrant workers and Xinfeng Water Conservancy Center, a design institute in Guangdong, and a hydropower company in Guangzhou to negotiate and communicate with the county water affairs bureau, and finally reached an agreement: a hydropower company in Guangzhou assisted To recover the project funds, if the recovery is unsuccessful, it can proceed from the enterprise's social responsibility. After all the projects have passed the acceptance check, they can assume part of the responsibility in subrogation to solve the difficulties of migrant workers.
"Because this project is a key farmland water conservancy project in the county, all the project money needs to be obtained after all projects are accepted. After the project is accepted, we will also negotiate with a Guangzhou hydropower company in time to help you solve the problem." Sign the agreement Later, the executive judge Pan Jige promised to the workers.
By the end of January 2020, the acceptance of the project involved was qualified. The Xinfeng Court Executive Bureau immediately contacted a hydropower company in Guangzhou to further communicate and negotiate on the project payment.
Due to the impact of the epidemic and the difficulty of living for migrant workers, the judges of the Executive Board repeatedly communicated with a hydropower company in Guangzhou on the solution. At the end of March, the two parties reached an agreement: 80% of the construction cost was paid by a certain hydropower company in Guangzhou, and the remaining construction cost was directly recovered from Huang.
On April 24, the Xinfeng Court held a conference on the centralized payment of execution funds for a series of cases involving people's livelihood, and paid a total of 18,4817.8 yuan for the application executor Yu Mou of 12 cases.
Ye Xiaozhong