Looking at the pile of banknotes in front of him, Wang Wu (pseudonym) didn't expect that this time the rights protection would really succeed. Holding on to his long-overdue wages, he thought to himself: The Legal Aid Project of the Central Special Lottery Community Chest (hereinafter referred to as the "Legal Aid Project") is really unambiguous in safeguarding the legitimate rights and interests of the masses and defending social fairness and justice.
Wang Wu, who has a low level of education, suffers from Parkinson's disease, which makes it difficult for him to find a job. When he got a job offer in a luggage company in Yiwu, Zhejiang, Wang Wu cherished it, but he never expected that he would encounter the problem of unpaid wages. Because Wang Wu could not receive his salary for a long time, the family's living expenses fell on his wife, who worked as a cleaner, and the meager income put the family in trouble, and the medical expenses became a problem.
In order to get a salary, Wang Wu applied for a legal aid project at the suggestion of a friend. At that time, Wang Wu did not have much hope, he believed: "The possibility of success for ordinary people in a lawsuit is too small, and this is a time-consuming, money-hurting and unknown outcome." When Wang Wu successfully received his salary, he was full of emotion: "The legal aid project is really unambiguous when it comes to helping people in need to defend their rights. ”
Lou Ying, a lawyer at the legal aid station for migrant workers in Yiwu City, Zhejiang Province, remembers Wang Wu's first visit to the legal aid station to apply for assistance: "Wang Wu was so excited that he spoke incoherently, and his hands and feet trembled very much, and the symptoms of Parkinson's disease were obvious. When he came for help, helplessness was written all over his face. ”
Lou Ying (right)
As the lawyer handling the legal aid project, Lou Ying carefully analyzed the case. The only evidentiary material in the whole case was the wage IOU, which was sufficient to prove the fact that the company was in arrears of wages. However, through further review, it was found that although there was no suspense in winning the case, it was difficult to implement it. Because the industrial and commercial registration shows that Wang Wu's luggage company has been in an abnormal state of operation, the company and its legal representative have been listed as dishonest judgment debtors. If the normal procedure is followed, there is still a possibility that you will not be able to get paid if you win the case.
Therefore, Lou Ying took the initiative to contact the leaders of Wang Wu's company for negotiation and mediation, hoping that through the communication of the lawyer, the company would take into account Wang Wu's physical condition and solve the problem of arrears of wages in a timely manner. At the same time, the legal aid lawyer also represented Wang Wu in initiating arbitration with the Labor and Personnel Dispute Arbitration Commission. At first, Wang Wu's luggage company never made a clear statement on the lawyer's repeated interviews, and repeatedly said that the company's capital chain was broken and it was unable to pay wages. However, the legal aid lawyer proposed to take into account Wang Wu's special circumstances, and although the appeal was to ask for wages, the essence was directly related to his life and health. Companies are legally and morally responsible. After gradual persuasion by the legal aid lawyer, the company finally decided on a mediation plan for installment payment. In order to urge the company to perform according to the contract, the legal aid lawyer proposed a breach of contract clause to bind it, and at the same time contacted both parties to sign a mediation agreement with the labor and personnel dispute arbitration commission.
After the mediation agreement was signed and came into effect, I thought everything was going well, but the luggage company breached the contract when the first installment was paid, and the legal aid lawyer had no choice but to apply for court enforcement for Wang Wu as soon as possible. Considering that there were no funds in the company's bank account to enforce, the legal aid lawyer contacted the company several times to persuade him to find a way to pool money to solve the problem as soon as possible. In the end, after many efforts by the legal aid lawyer, the luggage company finally paid Wang Wu all his wages and part of the liquidated damages in a lump sum during the enforcement procedure, with a total salary of RMB 10,500 and liquidated damages of RMB 1,500.
Wang Wu, who originally just had the mentality of giving it a try, did not expect that he would really succeed in defending his rights without spending a penny, and he was excited that the legal aid project was a "life-saving umbrella" for their family.
In cases like Wang Wu's, which are seeking wages and defending rights, there are not a few mainland aid lawyers who have received them. In many cases, wage cases that seem to have a chance of winning are always stuck in enforcement, and it takes a lot of time and energy for the legal aid lawyer to push the case forward. On the road to salary, lawyers have repeatedly hit a wall, and it is even more difficult for ordinary people. It is precisely because of this that the state has promulgated a series of laws and regulations to safeguard the legitimate rights and interests of migrant workers.
At the same time, in 2009, with the approval of the State Council, the central government arranged for the Central Special Lottery Community Chest to support legal aid projects for migrant workers, the disabled, the elderly, women and minors in family rights disputes. The project is organized and managed by the China Legal Aid Foundation, and Wang Wu receives support from the legal aid project.
Since the implementation of the legal aid project, the legal aid project has greatly safeguarded the legitimate rights and interests of low-income people and protected their economic interests by subsidizing and handling legal aid cases for five types of groups in difficulty.
Ye Xiaohui (right)
As the project continues to develop, it has also received responses from legal service organizations and many teams of public interest lawyers. The Jiangsu Hengai Legal Aid and Research Center, where Ye Xiaohui works, is also one of the implementing units of the project. As a law teacher and lawyer who has been engaged in legal aid work for more than 20 years, Ye Xiaohui is full of praise for the legal aid project injected by the Lottery Community Chest, saying: "The legal aid project has a promoting effect on society, public welfare and the entire legal environment. The injection of the Lottery Community Chest has expanded the scope of assistance provided by the original legal aid projects, helped more groups in need, and has been widely recognized by the society. "For a long time, from the central to the local level, a number of measures have been taken to eradicate the arrears of wages of migrant workers and protect the legitimate rights and interests of the elderly, the disabled, women and children from being violated.
However, relevant data shows that migrant workers are still the group that has received the most assistance since the implementation of the legal aid program. Ye Xiaohui said that in the past assistance work, I met many migrant workers who came to apply for legal aid, almost none of them had a contract, there was no way to prove the labor relationship or labor relationship, and there was no clear written information on salary standards and payment methods, so it was very difficult for migrant workers to protect their rights once the problem of unpaid wages occurred. To this end, Ye Xiaohui and many other project staff will also take the initiative to go into the construction site and the community to carry out publicity and voluntary consultation, hoping to solve the rights and interests of the people in difficulty in advance. It is precisely because of the support of the Lottery Community Chest for legal aid projects that more lawyers can join this public welfare undertaking, so that more people in need will no longer have difficulty in defending their rights.
Justice is the cornerstone of social progress, in order to maintain the rule of law environment in the mainland, promote public legal services, strengthen the people's belief in the rule of law and rule of law thinking, the sports lottery community chest as an important part of the central special lottery community chest, for the cause of legal aid has injected strength.
Since its unified issuance in 1994, China Sports Lottery has always adhered to the tenet of "from the people, for the people", and has raised more than 800 billion yuan in public welfare funds, which has also made great contributions to the national legal aid cause. Since its infusion into legal aid projects in 2009, the Central Special Lottery Community Chest has invested more than 1.5 billion yuan, directly benefiting more than 1.12 million people, and recovering more than 41.8 billion yuan in losses or economic benefits for people in need.
Abide by fairness and justice, and protect the rights and interests of the masses. On the road of rights protection, it is precisely with the injection of the public welfare fund of the central special lottery that the people in difficulty feel fairness in judicial cases, feel the warmth and care of the party and the state, and feel the light of justice of the law illuminating a better life.