China News Service, May 17th. According to the Supreme People’s Procuratorate website, from January to March 2021, procuratorial organs across the country will give full play to their civil procuratorial functions, actively support migrant workers’ prosecution work, and earnestly safeguard the legitimate rights and interests of the majority of migrant workers.
A total of 7482 prosecution cases for migrant workers were handled, a year-on-year increase of 2.3 times and a year-on-year increase of 1.7 times.
1. Features and trends of supporting migrant workers in prosecuting cases
Based on the above-mentioned data and sampled 139 cases supporting the prosecution of migrant workers, the procuratorial organs analyzed and found that such cases showed five characteristics and trends:
First, the types of cases are mainly concentrated in the field of labor remuneration disputes.
Among the 139 sample cases, there were 134 labor remuneration disputes, accounting for 96.4%; 3 tort liability disputes, accounting for 2.2%; and 2 industrial injury insurance treatment disputes, accounting for 1.4%.
Under the influence of the epidemic, although my country's economy is gradually recovering in the second half of 2020, the international environment is uncertain and unstable factors are increasing. The structural contradictions in the domestic economy are more prominent, and many industries are deeply affected, resulting in poor operating efficiency for some employers. , Difficulty in capital turnover, unable to pay migrant workers' labor remuneration, social insurance expenses, etc.
The second is the relatively high rate of crimes in construction, catering and other industries.
Sampling statistics show that among the prosecution cases handled by the procuratorial organs, there were 110 cases in the construction industry, accounting for 79.1%; 20 cases in the catering industry, accounting for 14.4%; 9 cases in other industries such as planting, manufacturing, and express delivery, accounting for 6.5%.
The construction, catering and other industries have high labor demand and low barriers to entry. At the same time, they often have short labor cycles, high turnover, and low labor contract signing rates, which are prone to labor disputes.
Especially in the construction industry, there are often irregularities such as layered subcontracting and illegal subcontracting in one or more projects, which has caused it to become a "severe disaster area" where migrant workers are owed labor remuneration.
Third, the uneven distribution of cases in various regions is more prominent.
There were 1,424 in Yunnan, 1042 in Jiangsu, 962 in Shandong, 766 in Hunan, 669 in Xinjiang, and 576 in Sichuan.
The number of cases in the above six provinces and regions accounted for 72.7% of the total.
The difference in economic development level and industrial structure is one of the reasons for the uneven distribution of such cases.
In addition, in places such as Shanghai and the Xinjiang Production and Construction Corps, the protection mechanism for the rights and interests of migrant workers is relatively sound. Preventing and controlling the occurrence of disputes over the rights and interests of migrant workers from the source has also resulted in fewer cases in these areas.
Fourth, the source of the case is mainly the application of the party.
Sampling statistics show that among the 139 cases of supporting prosecution, 110 cases were accepted upon application, accounting for 79.1%; 29 cases were accepted ex officio, accounting for 20.9%.
Fifth, the method of closing the case is mainly through mediation.
Among the 139 sample cases, 89 cases were closed by mediation, accounting for 64%; 50 cases were closed by judgment, accounting for 36%.
The procuratorial organ strives to urge the parties to reach a reconciliation through people's mediation, procuratorial reconciliation, and litigation mediation to maintain social harmony and stability.
For example, the Procuratorate of Pingyin County, Heze City, Shandong Province, when handling a prosecution case for 23 migrant workers supporting the prosecution, cooperated with the court in the pre-trial settlement as a supporter, and facilitated the parties to reach a mediation agreement to help migrant workers get their wages before the Spring Festival. .
2. Perform duties in accordance with the law and safeguard the legitimate rights and interests of migrant workers
The procuratorial organs attach great importance to supporting migrant workers in prosecution.
In recent years, procuratorial organs at all levels have increased their support for handling prosecution cases, and the number of cases has increased year by year, with an average of more than 10,000 per year.
The types of cases are gradually diversified, covering multiple fields such as salary claims and consumer rights protection.
The quality of the cases has gradually improved, and a number of influential typical cases of supporting prosecution have been handled, reflecting the judicial temperament in the handling of cases.
The first is to focus on precise implementation of policies and promote migrant workers to protect their rights in accordance with the law.
Actively provide legal advice to migrant workers, guide the collection of evidence, and put forward supporting prosecution opinions.
For cases involving a large number of migrant workers who are asking for wages, give priority to handling quickly and easing emotions in time.
At the same time, strictly support the entrance of prosecutions to prevent criminals from maliciously filing false lawsuits on the grounds of protecting the rights of migrant workers and disrupting the judicial order.
For example, when the Procuratorate of Xinwu District, Wuxi City, Jiangsu Province handled a prosecution case supporting 67 migrant workers, it found that there were obvious abnormalities in the wage standards and attendance days of 4 migrant workers, and there might be false litigation behaviors, so it failed to support the prosecution of 4 people. .
The second is to strengthen coordination and form a joint force to protect the legitimate rights and interests of migrant workers.
Local procuratorial organs have strengthened their cooperation with the people's courts and public security organs to provide convenient litigation services for case acceptance and speed up the progress of trials and enforcement.
Strengthen collaboration and cooperation with human resources and social security, housing and urban-rural development, transportation and other departments, establish a mechanism for information exchange and sharing of migrant workers' wages and rights protection, supervise relevant administrative departments to perform their duties in accordance with the law, and severely punish behaviors that violate the rights and interests of migrant workers such as malicious default of wages for migrant workers , Give priority to ensuring that migrant workers’ wages are paid in a timely manner.
For example, when the Taining County Procuratorate of Fujian Province handled a 40-person rights protection case, it actively cooperated with the County Human Resources and Social Security Bureau and coordinated a group that wanted to take over the hotel to pay 300,000 yuan in wages owed to migrant workers in advance.
The third is to improve mechanism guarantees and promote the standardized development of support for prosecution work.
Local procuratorial organs are actively formulating and improving relevant normative documents in line with local actual conditions to ensure legal and standardized procedures to protect the substantive rights of migrant workers.
For example, the Procuratorate of Shanxi Province, the Procuratorate of Tianjin City, the Procuratorate of Nanchang City of Jiangxi Province, and the Procuratorate of Fengxian County of Jiangsu Province have formulated and perfected supporting prosecution normative documents to clarify specific operational regulations on the scope of acceptance of such cases, review procedures, and court attendance.
The fourth is to implement the "six stability" and "six guarantees" to promote the healthy development of enterprises.
Local procuratorial organs support prosecutions in accordance with the law, and while safeguarding the legitimate rights and interests of migrant workers, they also pay attention to equal protection of enterprises.
For those enterprises in arrears of labor remuneration due to financial difficulties and other objective factors, actively coordinate the relevant departments to advance the wages of migrant workers, and strive to guide migrant workers and enterprises to overcome difficulties, provide a buffer period for enterprises to resume normal operations, and provide services to ensure the healthy development of enterprises.