During the epidemic, it was inconvenient for migrant workers to go out to ask for wages, and court enforcement was restricted.
If you want to ask for salary in a special period, you may try online filing
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Affected by the epidemic, some migrant workers' salary paths were interrupted because they could not go out for a while; some migrant workers were owed wages because of difficulties in operating the company; at the same time, court enforcement restrictions were imposed. In this regard, the judge's support can be filed through the Internet to discuss salary; if a settlement is reached, it is recommended to sign a written agreement and send the agreement to the judge for execution.
"The company said that it would be yellow, and now no one can find it. Where can I get a salary?" Baim, a migrant worker, is a shop assistant in a shoe store in a Beijing shopping mall. Because of being owed a salary, Bai filed a labor dispute arbitration in August last year. After two months' salary, the salary was even worse because the epidemic could not get out. The reporter learned that not only Baimou, but many migrant workers who are owed wages are inconvenient to go out and ask for wages under the influence of the epidemic, and court enforcement is also restricted. Then what to do when migrant workers want to be paid during the epidemic?
The reporter interview found that most of the legal facts in cases of wage arrears of migrant workers are relatively clear. The main point of dispute is why the boss does not give money? How can I get money? This is also the issue that workers are most concerned about. "Some people are still in their hometown and can't come back to apply for filing a case. In fact, they can also file a case through the Internet." The judge said that through the "Beijing Mobile Micro Court", the case can be timely communicated with the judge online.
The company was yellow, more than 20 migrant workers were owed wages
Baimou was a shopping guide at the counter of this company in January 2019. When she joined the company, the two parties agreed to a monthly salary of more than 3,000 yuan. In addition, she also paid 300 yuan for training, 1,900 yuan for insurance and deposits. "In the beginning, a certificate of arrears was issued, which said that the wages owed were several thousand yuan, but then no one could be found when it was cashed." Bai Mou submitted to the Beijing Dongcheng District Labor Dispute Arbitration Commission in August 2019. Filed a labor dispute arbitration.
The reporter contacted Jin Xin, a judge of the Executive Bureau of the People's Court of Dongcheng District, Beijing, who enforced the labor arbitration. According to Judge Jin, when the shoe company closed down, Beijing's operating business could not even find a clear manager. The company is involved in arrears of wages for more than 100 people, including more than 20 migrant workers.
It is understood that at the beginning of the company's labor arbitration, there were still people involved in mediation and litigation, but then no one managed it. Bai told reporters that in addition to shopping guides, wages of workers such as sales staff and cleaning staff were also owed. "We know it too late. When we apply for labor arbitration again, we can only serve it by public notice, and we can't find anyone at all." Baimou said. "Now we can't get out because of the epidemic, and the salary is even worse."
It is understood that, affected by the epidemic situation, in recent cases of migrant workers' arrears of wages accepted by the courts, there were many cases of arrears of wages due to the difficulty in temporarily closing or shutting down a business. According to the Executive Judge, in these cases, some enterprises have proposed that the epidemic situation has caused difficulties in production and operation, and the capital turnover has not been opened. I hope that we can reconcile. Some migrant workers who are owed wages are unable to go out to find work because of the epidemic, and they are looking forward to returning their wages.
Epidemic situation + late detection, salary impact affected
The reporter learned that in November 2019, with the efforts of the Beijing Dongcheng District Court Executive Bureau, Bai and others recovered about 500,000 yuan in arrears in arrears, and distributed the payment according to 20% of the payment. With regard to each person's salary, "recover almost two months' salary." Baimou told reporters.
Affected by the epidemic, it also brings difficulties to the enforcement of the court. According to the executive judge, the arrears recovered include the company's account balance and part of the balance in the mall counter. "The rest is even harder to recover. You can only wait for the mall counter to have a refund or the executed person has other property." As a result of the epidemic situation, many shopping malls have not yet started operations, and the revenue of operating malls has also been affected.
It is understood that the court opened an online case and can normally apply for execution, and the judge will also reply online. However, in this case, because of the epidemic situation, the execution of travel was restricted. "We can't go to the shopping malls to clear the money in the first time, and we can't find the company's responsible person for coordination, which makes the implementation difficult."
In addition to the objective factors such as the epidemic situation, the reporter found in interviews that most of the migrant workers did not find out that their wages could not be paid out after the company had been left empty. And most of the migrant workers did not hire a lawyer. "Our salary is not much, and we don't want to spend money on a lawyer." Bai told reporters that he only knew that he could apply for labor arbitration, and then he was looking forward to getting hard-earned money at an early date.
What should the judge do?
"I heard that some shopping guides took the shoes home directly, and then discussed with the company how much salary a pair of shoes would offset." Baimou told reporters. In this regard, the judge believed that in this case, because most of the migrant workers involved were shopping mall counter guides, salespersons, etc., it was also an effective way to deduct wages by means of commodity discounts.
So, how can migrant workers find effective ways to safeguard their rights as soon as possible when their rights and interests are damaged? In addition to the “rights protection” of filing a case online, Jin Xin said, “Considering the inadequate legal support of migrant workers, the large number of cases, and the small target amount, the relevant legal aid system can be used to give full play to the strength of social organizations such as trade unions. Provide legal aid to applicants. "
During the epidemic, there were some cases of reconciliation between enterprises and migrant workers. "Some companies are really difficult to operate due to the epidemic situation. Workers not only want to get the money as soon as possible, but also understand the difficulties of the company, so they both make concessions and reach a settlement agreement." Jin Xin said, in the case of the implementation of the settlement, It is recommended to sign a written agreement as much as possible, send the settlement agreement to the judge in time, and the judge will terminate the execution. If the company does not perform the agreement after the fact, workers can also apply to resume execution within three years. "This can protect the rights and interests of migrant workers from being harmed, and can also cushion the company's production and management difficulties."
Zhou Qian