China News Service, February 22. According to the website of the Supreme People's Procuratorate, recently, the Supreme People's Procuratorate and the All-China Federation of Trade Unions jointly issued the "Notice on Coordinated Promotion of the Use of the "One Letter and Two Letters" System to Protect Workers' Rights and Interests" (Part 2) (called the "Notice"), prevent and resolve conflicts and disputes in the labor field, promptly correct illegal employment practices, especially promote the eradication of social concerns such as wage arrears and illegal arrangements for overtime work, and effectively safeguard the legitimate rights and interests of workers.
The "one letter, two letters" system referred to in the "Notice" is the abbreviation of the system for labor unions and relevant units to apply relevant documents to remind employers to implement labor laws and regulations, or to correct their illegal labor and employment practices.
“One letter” refers to the trade union labor law supervision reminder letter, and “two books” refers to the trade union labor law supervision opinion letter and the trade union labor law supervision recommendation letter.
This system focuses on prevention at the source, and aims to resolve labor relations conflicts and disputes at the grassroots level through coordination and consultation, and to resolve them in the bud.
The "Notice" requires that the advantages of the procuratorial organs' legal supervision functions and the role of trade unions as the first line of defense in discovering and investigating hidden risks in the labor field should be brought into play, and the collaboration between the procuratorial organs and trade unions should be further improved based on prevention, mediation, rule of law, and grassroots quality and efficiency, improve working mechanisms, promote the implementation of labor laws and regulations, and protect the legitimate rights and interests of workers.
The "Notice" clarifies the scope of application of the "one letter and two letters" system, including the employer's internal rules and regulations involving the interests of employees; labor contracts, labor remuneration, social insurance, welfare benefits, working hours, rest and vacation systems; production safety, occupational diseases Prevention and control, protection of the special rights and interests of female workers, underage workers, disabled workers and elderly workers; protection of the legitimate rights and interests of dispatched personnel; specific situations such as termination of labor contracts in violation of relevant laws and regulations.
In terms of the connection and cooperation between procuratorial supervision and "one letter and two letters", the "Notice" requires the procuratorial organs to promptly discuss with the labor unions any clues about labor violations discovered or grasped to promote the resolution of the problem.
If it involves the rights and interests of workers in the new employment form and specific groups such as women, minors, disabled workers, and elderly workers, or involves group disputes such as social security arrears and wage arrears for migrant workers and the employer fails to cooperate, the federation of trade unions at or above the county level may Transfer relevant clues and materials to the procuratorial organs, which will initiate legal supervision procedures in accordance with the law.
If there are many illegal employment cases in a certain area within a certain period of time, or if the cases that have occurred have exposed obvious loopholes in labor management and supervision, and it is necessary to urge the industry authorities to strengthen and improve management and supervision, the procuratorial organs may report to relevant units and The department makes procuratorial suggestions and promotes administration according to law.