China News Service, June 29, according to the website of the Ministry of Human Resources and Social Security, recently, the Ministry of Human Resources and Social Security, the Ministry of Justice, and the Ministry of Finance jointly issued the "Opinions on Further Strengthening the Legal Aid Work in the Mediation and Arbitration of Labor and Personnel Disputes" (hereinafter referred to as opinions) The opinion suggested that the review procedures should be simplified, and that poor workers who filed for registration and peasant workers who applied for payment of labor remuneration and compensation for work-related injuries should be exempted from economic hardship review.
Data map: citizens are consulting for legal aid. Gu Huashe
The opinion stated that it is necessary to establish and improve a legal aid coordination mechanism for mediation and arbitration. The human resources and social security administrative departments, labor and personnel disputes arbitration courts (hereinafter referred to as arbitration courts), judicial administrative organs, and legal aid agencies shall establish and improve the mediation and arbitration legal aid cooperation mechanism, and effectively strengthen the mediation and arbitration legal aid work.
The administrative department of human resources and social security and the arbitration court must give full play to their professional advantages in handling labor and personnel disputes, and the judicial administrative agencies and legal aid agencies should strengthen the legal aid business guidance and improve the level of standardized services.
The arbitration court can guide the parties to conduct legal consultation by dialing the "12348" public legal service hotline or logging in the legal service network, etc., to help migrant workers and employees in need who meet the legal aid requirements to apply for legal aid; the legal aid agency must announce the legal aid in the arbitration court Information such as the office address of the institution, legal aid application materials and work processes.
Where conditions permit, the judicial administrative organ may set up a legal aid workstation in the local arbitration court or a mediation and arbitration legal aid window in the local public legal service center according to the work needs. The human resources and social security department shall provide a workplace for the legal aid workstations set up in the local arbitration court, equipped with office equipment and service facilities. The financial department should improve the guarantee mechanism for legal aid funds for mediation and arbitration, the provincial finance should provide financial support, and the municipal and county finance should include the legal aid funds into the financial budget of the same level, arrange the funds reasonably according to local financial resources and the amount of cases handled, and appropriately increase legal aid. Subsidy standards and timely payment.
The opinion pointed out that the scope of legal aid for mediation and arbitration should be expanded. With regard to the objects of legal aid, judicial administrative agencies should comprehensively consider factors such as the supply of local legal aid resources and the legal aid needs of people in need, and promote legal aid to gradually cover low-income workers, focusing on migrant workers, injured workers, and pregnancy and childbirth. 3. Legal assistance in the mediation and arbitration of female employees during the lactation period (hereinafter referred to as "the third period").
In addition, with regard to legal aid matters, the judicial administrative agency shall, on the basis of the requirements for payment of labor remuneration and social insurance benefits as stipulated in the Legal Aid Regulations, promote the promotion of economic compensation, compensation, etc. in labor security matters where conditions permit. Be included in the scope of supplementary legal aid. If a legal aid workstation is set up in the arbitration court, the workstation can cooperate with the arbitration court to carry out legal knowledge dissemination, case interpretation and other activities to guide workers to protect their rights according to law.
The opinion stated that legal aid procedures for mediation and arbitration should be standardized. More emphasis is placed on the standardization and construction of legal aid for arbitration and arbitration, and the establishment of a sound mechanism for legal aid in mediation and arbitration.
If a legal aid workstation is set up in the arbitration court, the receptionist of the workstation should register the basic information and contact information of the recipient for the visit consultation, and fully understand the facts of the case and the legal appeal of the recipient. The conditions and procedures for applying for legal aid shall guide them to apply for legal aid; if the consulting items do not belong to legal aid, they shall provide legal advice for the recipient; if the consulting items do not belong to legal issues or have nothing to do with legal aid, notify the recipient The department or channel that should be consulted.
The opinion emphasizes that it is necessary to improve the service mechanism for convenience. To open up a “green channel” for legal aid and apply for legal aid to key service targets such as migrant workers, workers injured, and “three-phase” female employees, speed up the process of processing and accept and transfer the same day on conditional days. In case of urgent collective labor disputes, legal aid can be provided first, and application materials and relevant procedures must be submitted afterwards.
The opinion also stated that the organization and leadership should be strengthened. All localities should take legal aid for mediation and arbitration as an important task to improve the multiple handling mechanism for labor and personnel disputes, and include it in the local practical list for private affairs. Human resources and social security departments and judicial administrative departments should strengthen communication and coordination and work docking to form a joint work force.
At the same time, it is necessary to establish and improve a joint meeting and work information notification mechanism, regularly exchange work status, summarize and promote experience and practices, and jointly study and solve problems encountered in the work. It is necessary to strengthen supervision and management, and strengthen guidance and supervision of the mediation and arbitration legal aid workstations to perform their duties, service quality, work performance, and standardized construction. Encourage and support social forces to participate in legal aid for mediation and arbitration in an orderly manner through various means.