Chinanews.com, April 30 According to the website of the Supreme People's Procuratorate, in order to deepen the special action of "prosecuting and protecting people's livelihood" and guide local procuratorial organs to handle every case involving the protection of workers' rights and interests with high quality and efficiency, the Supreme People's Procuratorate recently issued the "Typical Cases of Procuratorial Organs Safeguarding the Legitimate Rights and Interests of Workers in accordance with the Law", involving the "four major procuratorates" in the field of legal supervision and performance of duties.
This batch of cases includes the case of Xie Moushi's refusal to pay labor remuneration, the case of Li's refusal to pay labor remuneration, the theft case of Chen Mouhua, Li, Huang and Liu Mouhui, the labor dispute protest case between Hu Moulin and a construction labor service limited liability company in Shaanxi, the case of 175 migrant workers such as Zhang Mouling seeking labor remuneration to support the prosecution, the case of Zou Moumou and the Human Resources and Social Security Bureau of a city in Sichuan and a construction engineering Co., Ltd. The case of supervision of the implementation of administrative litigation of the Social Security Center, and the administrative public interest litigation case of the procuratorate of Huadian City, Jilin Province urging the protection of the rights and interests of rural workers, etc.
The person in charge of the relevant department of the Supreme People's Procuratorate said that the procuratorial organs should base themselves on the basic pattern of legal supervision of the "four major procuratorates", make overall plans to give full play to various procuratorial functions, further promote the special action of "prosecuting and protecting the people's livelihood", make full use of various ways to perform their duties, handle every case with high quality and efficiency, solve the urgency, difficulties and expectations of workers, effectively realize, safeguard and develop the legitimate rights and interests of workers, and constantly improve the sense of gain, happiness and security of the working masses, so that workers are more secure and dignified.
Typical cases of procuratorial organs protecting the lawful rights and interests of workers in accordance with the law are as follows:
Case 1
Case of Xie Moushi's refusal to pay labor remuneration
【Keywords】
Refusal to pay labor remuneration on behalf of the person to pay off the execution of the execution
[Basic facts of the case]
In May 2021, Xie Moushi contracted a construction and installation project at a construction site in Linquan County, Anhui Province from a construction labor company, and then Xie Moushi organized migrant workers to carry out construction, and after the completion of the project, some migrant workers' wages were not paid. On January 19, 2023, Xie Moushi and the labor service company determined that the project cost was more than 2.45 million yuan, and the labor company had paid all of them, and Xie Moushi promised in writing to pay all the arrears of migrant workers' wages. In February 2023, verified by the Linquan County Human Resources and Social Security Bureau, Xie Moushi owed a total of more than 450,000 yuan in wages to 23 migrant workers. The bureau issued a "Labor and Social Security Supervision Rectification Instruction within a Time Limit" to Xie Moushi, ordering Xie Moushi to pay the arrears of migrant workers' wages in full. Xie did not pay within the specified time limit, and there was a situation of escape.
On March 28, 2023, Xie Moushi was arrested by the public security organs and arrested with the approval of the Linquan County People's Procuratorate. On July 13, 2023, the Linquan County People's Procuratorate prosecuted Xie Moushi's refusal to pay labor remuneration, and recommended that he be sentenced to 1 year and 3 months in prison and fined 10,000 yuan. The Linquan County People's Court adopted the procuratorate's sentencing recommendation, and Xie did not appeal.
[The process of procuratorial performance of duties]
1. Connecting executions and guiding investigations. Relying on the mechanism of "linking the two laws", the procuratorate communicated with the human resources and social security department and found that Xie Moushi owed a large amount of wages, involved a large number of workers, and had escaped, and was suspected of committing a crime. The procuratorate suggested that the Human Resources and Social Security Bureau transfer the clues of the case to the Linquan County Public Security Bureau, and intervene in advance, guide the public security organs to collect, fix, and improve relevant evidence, and control the quality of the case from the source.
2. Actively perform duties and facilitate compensation. In order to fully protect the rights and interests of workers and resolve social contradictions, the procuratorial organs, together with the human resources and social security departments, negotiated with the labor service company of the general contractor, and informed the subcontractor that if the subcontractor owes migrant workers wages, the general contractor may first compensate and then recover from the subcontractor. In May 2023, the labor company will advance all the arrears of wages, which will be paid by the labor department in a timely manner. The procuratorial organs supervise the payment of arrears of wages and pay return visits to workers to ensure that the rights and interests of workers are protected.
3. Be lenient and severe, and be strict when you are strict. Considering that he voluntarily pleaded guilty and accepted punishment, the procuratorate submitted a sentencing recommendation of 1 year and 3 months imprisonment and a fine, and the sentencing recommendation was adopted by the court.
【Typical Significance】
Handle cases of malicious wage arrears in accordance with the law with high quality and efficiency, and require the procuratorial organs to put more energy into the work of recovering arrears of wages and recovering stolen goods and losses while punishing the crime of malicious wage arrears in accordance with the law, so as to effectively help migrant workers recover their arrears of wages, implement the requirements of prosecuting and protecting people's livelihood, and realize the unity of the "three effects" of case handling. In order to effectively protect the legitimate rights and interests of migrant workers, the relevant regulations clearly state that the general contractor shall bear the responsibility for paying off the arrears of wages of migrant workers. In this case, the procuratorate took the protection of the legitimate rights and interests of the workers in accordance with the law as its primary task, actively facilitated the general contractor to advance all the arrears of wages, gave priority to ensuring the payment of the arrears of migrant workers' wages, protected the people's livelihood and interests, and maintained social harmony and stability. At the same time, the duty of approving arrest and prosecution was performed in accordance with the law, and in this case, the labor company had paid all the project money to Xie Moushi, and Xie Moushi still did not pay after being ordered to pay by the Linquan County Human Resources and Social Security Bureau and there was a situation of escape, and the procuratorate investigated his criminal responsibility for the crime of refusing to pay labor remuneration in accordance with the law, effectively giving play to the punishment and deterrent effect of criminal punishment.
Case 2
Case of Li's refusal to pay labor remuneration
【Keywords】
Execution is linked, leniency and severity are blended, judicial assistance, and litigation source management
[Basic facts of the case]
Li and others jointly established Shanghai Jiesi Catering Management Co., Ltd. (hereinafter referred to as Jiesi Company) and hired Zhu and others to engage in catering services. Since May 2020, Jiesi Company has owed Zhu and 15 other employees a total of more than RMB 140,000 in two months' wages. Zhu and others complained to the Shanghai Hongkou District Human Resources and Social Security Bureau (hereinafter referred to as the Hongkou District Human Resources and Social Security Bureau), and after the bureau accepted the case, they repeatedly asked Li and others to cooperate in solving the problem, but Li and others did not appear without a legitimate reason. On August 16, 2021, JESI Company cancelled its registration with Shanghai Hongkou District Market Supervision and Administration Bureau (hereinafter referred to as Hongkou District Market Bureau). On August 17, 2021, the Hongkou District Human Resources and Social Security Bureau did not know that the company had cancelled the "Administrative Handling Decision", ordered Jiesi Company to pay back wages, and then made a new administrative decision on November 3, 2022, ordering Li Mou, the original shareholder of Jiesi Company, and others to pay the arrears of wages before November 19, 2022, and Li still refused to pay within the specified time limit.
In December 2022, the Shanghai Hongkou District People's Procuratorate supervised the Hongkou District Public Security Bureau to file and investigate the case in accordance with the law. In April 2023, Li paid all the arrears of wages with the help of his family and voluntarily pleaded guilty and accepted punishment. In August 2023, the Hongkou District Procuratorate made a decision not to prosecute him in accordance with the law based on the facts and circumstances of the crime, as well as Li's admission of guilt and acceptance of punishment, return of stolen goods and restitution.
[The process of performing duties by the procuratorate]
1. It is recommended that the administrative law enforcement organs transfer criminal leads and supervise the public security organs to file cases. In September 2022, Zhu and 15 other employees who were owed wages by Jiesi Company went to the Hongkou District Procuratorate to report the arrears of wages. The accusation and appeal department and the criminal prosecution department jointly studied and discussed, and believed that Jiesi Company and its actual controller, Li Mou, and others might be suspected of the crime of refusing to pay labor remuneration, so they held a joint meeting with the District Human Resources and Social Security Bureau to guide the administrative law enforcement agencies to collect evidence comprehensively, and suggested that the District Human Resources and Social Security Bureau transfer criminal clues to the Hongkou District Public Security Bureau. Under the supervision of the Hongkou District Procuratorate, the Hongkou District Public Security Bureau decided to file a case for investigation on December 19, 2022.
2. Accurately implement the criminal policy of blending leniency and severity, and lawfully refuse to approve arrest and non-prosecution. After the Hongkou District Public Security Bureau filed the case, Li voluntarily surrendered, but refused to pay the arrears of migrant workers' wages on the grounds that there was a dispute between shareholders. The Hongkou District Public Security Bureau decided to criminally detain Li and submitted for approval of his arrest. In the process of reviewing the arrest, the Hongkou District Procuratorate comprehensively listened to the opinions of the employees who were owed wages, Li's confession and justification, fully explained the law and reasoning, carried out plea education, and informed Li that the economic dispute between shareholders could not resist the refusal to pay labor remuneration. With the assistance of his family, Hou Li paid the arrears of wages in full, and the relevant disputes were resolved through civil litigation. The procuratorate made a decision not to approve the arrest in accordance with law. During the review for prosecution phase, the procuratorate made a relative decision not to prosecute Li in accordance with law, taking into account circumstances such as Li's ability to voluntarily admit guilt and accept punishment through explanations of the law, actively perform obligations, and resolve conflicts and disputes.
3. Actively carry out judicial assistance to protect the legitimate rights and interests of workers in accordance with the law. After investigation and verification, the procuratorate found that most of the migrant workers involved in the case were temporary workers, had meager incomes, had difficult family life, and were close to the traditional Spring Festival holiday, so in order to help the migrant workers involved in the case tide over the difficulties, they actively carried out judicial assistance, and issued a total of 182,000 yuan in relief funds to 24 eligible migrant workers in difficulty.
4. Rely on the big data legal supervision model to promote the establishment of the industry supervisory unit to plug leaks and realize the governance of litigation sources. In response to the problem of Jiesi Company using loopholes in the system to cancel registration and evade punishment, the Hongkou District Procuratorate issued procuratorial suggestions to the Hongkou District Human Resources and Social Security Bureau and the Market Bureau, and countersigned the "Opinions on Establishing a Connection Mechanism between Administrative Supervision and Administrative Procuratorial Work in Labor Dispute Cases (Trial)" with the Hongkou District Human Resources and Social Security Bureau and the District Market Bureau, constructed a "civil and administrative procuratorial supervision model for malicious cancellation of enterprises", and improved the cancellation early warning, information notification, and clue transfer of cases involving labor disputes. Mechanisms such as procuratorial cooperation have effectively filled the management loopholes in which the administrative authorities evade legal liability through malicious cancellation due to poor information.
【Typical Significance】
1. Complete mechanisms for connecting executions, and perform legal oversight duties in accordance with law. Improving mechanisms for communication, consultation, and information sharing between procuratorial organs and administrative law enforcement departments is of great significance for smoothing the connection between executions. In this case, relying on the communication mechanism for the connection of executions, the procuratorate learned of the contradictions and disputes between migrant workers and catering enterprises, and promptly put forward opinions and suggestions on the collection of evidence and the application of law by the administrative law enforcement department, and recommended that the criminal clues be transferred to the public security organs, and at the same time relied on the criminal clues transfer and filing mechanism to carry out supervision of the public security organs' case-filing activities.
2. Perform duties in an integrated and comprehensive manner, give full play to the joint efforts of procurators, and comprehensively protect the legitimate rights and interests of workers. Labor disputes are highly policy-oriented and involve a wide range of issues, and careless handling can not only protect the rights and interests of workers, but also easily lead to group conflicts. In the handling of this case, the procuratorial organs performed a number of duties in accordance with the law, such as supervising the transfer of criminal leads, supervising the filing of cases, and providing judicial assistance, protecting the lawful rights and interests of migrant workers in all aspects and through multiple channels, not only handling the case prudently and prudently, but also resolving social conflicts in accordance with the law.
3. Actively perform duties in accordance with the law, integrating crime and governance. Due to the information barrier between the administrative law enforcement department and the market registration department, there has been a chaotic situation of malicious cancellation by enterprises to evade legal responsibility. Through investigation and research, procuratorial organs have discovered deep-seated social governance problems, actively coordinated governance with administrative law enforcement departments and market registration authorities, established a mechanism for restricting cancellation of early warning letters, effectively cracked the problem of "information islands", and coordinated the discovery and correction of malicious cancellation without performing administrative handling or administrative punishment decisions, so as to realize the governance of similar cases, and promote "all management" with "self-management".
Case 3
Chen, Li, Huang, and Liu Mouhui theft case
【Keywords】
Protecting salaries and benefiting the people, blending leniency and severity, resolving contradictions, and extending governance
[Basic facts of the case]
Chen Mouhua, Li, Huang, Liu Mouhui and other four people worked as rebar workers at a project site in Linpu Town, Xiaoshan District, Hangzhou City, Zhejiang Province, mainly responsible for cutting steel bars and making shapes. From August 10, 2023 to September 7, 2023, due to salary arrears and financial constraints, the four decided to steal the steel bars at the construction site in the form of some personnel looking at the wind and some cutting steel bars, and then transported the steel bars to the waste recycling station by electric tricycle to sell them for profit, and the benefits were shared equally. Among them, Chen Mouhua and Li stole 11 times, making a profit of more than 2,000 yuan each, Huang stole 8 times, made a profit of 1,200 yuan, and Liu Mouhui stole 6 times, making a profit of 900 yuan.
After the case, Chen Mouhua and the other four were summoned to the case by the public security organs at the construction site and withdrew the illegal gains in full. During the review and prosecution stage, Chen and the other four pleaded guilty and accepted punishment, and the procuratorate combined that the four of them committed the crime of theft because of the hardship of living in arrears of wages, and although the number of thefts was relatively large, the amount of each theft was relatively small, and finally made a relative decision not to prosecute Chen Mouhua and the other four in accordance with the law.
[The process of performing duties by the procuratorate]
1. Investigate the reasons behind the crime. During the procuratorate's review and prosecution, Chen Mouhua and four others claimed that the theft was due to the financial constraints caused by the arrears of wages of the person in charge of the construction site, and the four were worried that they would not be able to pay their children's tuition fees in time when the school started in September. In order to further verify the above situation, the procuratorate contacted the "foreman" of the construction site where the suspect was located to inquire about the relevant situation, and at the same time contacted the cadres of the suspect's place of origin by phone to learn about the situation of their respective families, and confirmed that the suspects were the breadwinners of their respective families, and the motive for the theft was true and credible.
2. Combining leniency with severity to repair damaged social relations. Chen Mouhua and the other four people stole up to 11 times, all of which have constituted the crime of theft. However, considering that the theft of the four was caused by unpaid wages, that after the case occurred, they pleaded guilty and accepted punishment, sincerely repented, actively returned the stolen goods and obtained forgiveness, the subjective malice was relatively low, and none of the four had any criminal records, the procuratorate applied the plea leniency system to make a relative non-prosecution disposition for the four in accordance with law.
3. Resolve conflicts and earnestly protect the rights and interests of workers. Although there were only 4 people involved in this case, the procuratorate found in the review that there were 15 migrant workers in the steel bar group who were owed wages at the construction site, and the time of the case was before the Lunar New Year, and the arrears of wages caused the migrant workers to be unable to go home for the New Year, affecting the legitimate rights and interests of the people, and destroying the stable and peaceful social order. The procuratorate has communicated with the person in charge of the construction site on several occasions, demanding timely payment of wages to protect the legitimate rights and interests of migrant workers. Later, he visited the construction site with the police station and once again urged the person in charge of the construction site to pay the arrears of wages in a timely manner. The person in charge of the construction site finally paid a total of 171,000 yuan in arrears of wages from June to December 2023 to 19 steel workers, including the four people involved in the case, on January 30, 2024 (the twentieth day of the lunar month), to ensure that the migrant workers can go home for the Chinese New Year with peace of mind.
4. Form a joint force to achieve crime punishment and governance. After the case is concluded, the procuratorate will visit the enterprises related to the case in a timely manner to understand the current project progress, personnel management, and legal service needs, and accurately provide procuratorial services, so as to realize the solution of people's worries and enterprises' worries together. On the basis of social governance issues discovered in the course of handling cases, a special report on the case is formed and submitted to the political and legal committee of the district party committee, and the political and legal committee of the district party committee takes the lead in convening special meetings with departments such as public security, courts, human resources and social security, and comprehensive administrative law enforcement, to further do a good job in the investigation and handling of cases of refusal to pay labor remuneration.
【Typical Significance】
1. Equal emphasis on combating crime and protecting rights and interests. On the one hand, it is not simply a case to handle the case, but in this case of theft is a case of erroneous "self-reliance" caused by unpaid wages, the procuratorial organs have implemented a criminal policy of blending leniency and severity in handling the case, so that the workers who are owed wages can get the opportunity to be lenient while realizing their mistakes. On the other hand, it pays attention to the protection of rights and interests, not only helping the four criminal suspects in this case to seek wages in accordance with the law, but also extending to the remaining 15 workers who are owed wages, so as to truly close the case and promote social harmony and stability.
2. Synchronize case handling with extended governance. While considering the causes of individual cases, procuratorial organs also deeply consider and explore the laws of similar cases and the deep-seated social governance issues behind them. In this case, the procuratorate found that if the problem of unpaid wages is not resolved in a timely manner, it may lead to secondary problems such as theft, and at the same time, it is also very easy to trigger group petitions and public opinion. To this end, the procuratorial organs took the initiative to report to the local political and legal committees, put forward suggestions for governance, and promoted the administrative organs and judicial organs to reach a consensus on law enforcement and justice, so as to provide a strong guarantee for the eradication of wage arrears.
Case 4
Hu Moulin and a construction labor service limited liability company in Shaanxi Province labor dispute protest case
【Keywords】
Labor disputes, work-related injury insurance benefits, legality of agreements, judicial review
[Basic facts of the case]
On May 9, 2016, Hu Moulin joined a construction labor limited liability company in Shaanxi (hereinafter referred to as a labor company) as a concrete foreman. On March 27, 2017, Hu Moulin was injured while working at the construction site and was hospitalized on the same day for a total of 22 days. On May 6, 2017, a labor service company signed an agreement with Hu Moulin, stipulating that Hu Moulin would be compensated for medical expenses of 55,000 yuan and a one-time compensation of 88,000 yuan for Hu Moulin's fall injury at the project site on March 27, 2017. At the same time, it was agreed that after the above fees were paid, there was no dispute between the parties on this matter, and the case was closed. Hu Moulin admitted that he had received compensation of 88,000 yuan, and that the medical expenses of 55,000 yuan had been directly paid to the hospital by a labor service company. On June 1, 2019, the Human Resources and Social Security Bureau of Chang'an District, Xi'an, issued a decision on the determination of work-related injuries, and determined that the accident injuries suffered by Hu Moulin were work-related injuries. On September 20, 2019, the Xi'an Labor Ability Appraisal Committee issued an Appraisal Conclusion, which identified Hu Moulin's disability level as Grade 9, and on July 3, 2020, it made an Appraisal Conclusion, determining that Hu Moulin's suspension period with pay was seven months, from March 27, 2017 to October 26, 2017. After Hu Moulin was injured, he never went to work at a labor company. On August 11, 2020, Hu Moulin mailed the Notice of Termination of Labor Relations to a labor service company by EMS express, and the labor service company confirmed receipt of the notice.
Hu Moulin filed an arbitration with the Xi'an Labor and Personnel Dispute Arbitration Commission, requesting confirmation that the labor relationship between the two parties was terminated and that a labor service company pay him relevant work-related injury insurance benefits. The Xi'an Labor and Personnel Dispute Arbitration Commission supported Hu Moulin's arbitration request. Dissatisfied, a labor service company filed a lawsuit with the People's Court of Yanta District, Xi'an City, requesting that the labor service company not need to pay work-related injury insurance benefits to Hu Moulin. The Yanta District Court of Xi'an City ruled in the first instance that the labor contract between the two parties was terminated, and a labor service company paid Hu Moulin the difference in work-related injury insurance benefits of 143,630.94 yuan. A labor service company appealed to the Xi'an Intermediate People's Court against the first-instance judgment. The Xi'an Intermediate People's Court held that the Agreement signed by the two parties on May 6, 2017 was legal and valid. As an adult with autonomy of will, Hu Moulin did not provide evidence to prove that the agreement violated his true intentions, nor did he file a lawsuit for revocation, and his claim for work-related injury benefits against a labor service company could not be sustained. It was decided that a labor service company was not required to pay Hu Moulin's work-related injury insurance benefits of 143,630.94 yuan. Hu Moulin was dissatisfied with the second-instance judgment and applied to the Shaanxi Provincial High People's Court for a retrial, which was rejected.
[The process of performing duties by the procuratorate]
Acceptance and review Hu Moulin applied to the Xi'an Municipal People's Procuratorate for supervision. The Xi'an Municipal People's Procuratorate submitted a procuratorial counter-appeal to the Shaanxi Provincial People's Procuratorate in accordance with law. By reviewing the files of the original trial, questioning both parties, and searching for cases of similar judgments that have taken effect, the procuratorate focuses on examining: First, whether the employer can be required to make up the difference if the employee has signed an agreement with the employer without the labor administrative department determining the work-related injury and assessing the level of disability, and the compensation obtained is significantly lower than the statutory work-related injury insurance treatment standard. In this case, when Hu Moulin reached a work-related injury compensation agreement with a labor service company, neither the work-related injury determination nor the disability rating were made, and it was signed in a state of distress due to a lack of actual judgment. The amount of compensation agreed upon is significantly lower than the standard amount of work-related injury insurance benefits, and the result is obviously unfair, and the employee has the right to request a labor service company to make up for it. The second is whether the compensation costs of the agreement involved in the case comply with the provisions of the law. The agreement only stipulates that Hu Moulin will be compensated for disability allowance, medical expenses, transportation expenses, nutrition expenses, lost work expenses, nursing expenses, food subsidies and other expenses, and does not include one-time medical subsidies for work-related injuries, one-time disability employment subsidies and wages for suspension of work. The one-time medical subsidy for work-related injuries and the one-time employment subsidy for disability are different from the disability subsidy and disability allowance, and are the work-related injury relief provided to the employee when the labor relationship is terminated. Leave of absence pay is necessary compensation and relief for workers who are unable to work due to work-related injuries. The above fees should also be paid by a labor company. The third is whether the people's court has the right to change the amount of compensation agreed upon by the parties. Paragraph 2 of Article 53 of the Interpretation (I) of the Supreme People's Court on Issues Concerning the Application of Law in the Trial of Labor Dispute Cases stipulates that the people's court may modify the amount of work-related injury insurance benefits if the amount of benefits paid is improper.
The Shaanxi Provincial People's Procuratorate believes that it is the legal obligation of the employer to handle work-related injury insurance for workers, and it is the legal right of workers who are injured to enjoy work-related injury insurance benefits. The employer and the employee may agree on compensation for work-related injuries, but the agreement cannot exclude the employer's legal obligations and the employee's statutory right to enjoy work-related injury insurance benefits. Therefore, when the amount of compensation is obviously unfair, the employee may file a lawsuit with the people's court for the difference in work-related injury insurance benefits, and the people's court shall change the amount and the employer shall pay the employee the difference lower than the statutory work-related injury insurance benefits in accordance with the law. The effective judgment erred in applying the law on the grounds that the agreed compensation amount and other matters had been actually performed, and that a labor service company was not required to pay Hu Moulin's work-related injury insurance benefits of 143,630.94 yuan. In October 2023, the Shaanxi Provincial People's Procuratorate filed a protest with the Shaanxi Provincial High People's Court.
The Shaanxi Provincial High People's Court ordered the Xi'an Intermediate People's Court to retry the case. After hearing the case, the Xi'an Intermediate People's Court held that the procuratorate's grounds for protest were established and should be adopted. On March 29, 2024, a retrial civil judgment was rendered, ordering a labor service company to pay Hu Moulin the difference in work-related injury benefits of 124,876.56 yuan within 10 days from the effective date of the judgment.
【Typical Significance】
(1) When handling labor dispute cases, procuratorial organs should accurately grasp the scope of work-related injury insurance benefits of laborers and effectively protect the legitimate rights and interests of laborers. The State has established a social insurance system such as work-related injury insurance to protect the right of workers to receive material assistance from the State and society in accordance with the law in the event of work-related injuries. The employer and the employee may negotiate and agree on the compensation for work-related injuries, but the agreement cannot exclude the employer's statutory obligations and derogate from the employee's right to work-related injury insurance benefits. In this case, when the parties signed the agreement, the determination of work-related injuries and the assessment of disability grades were not made, the employee did not have sufficient understanding of his own disability, and the one-time compensation fee agreed by the two parties did not fully cover the statutory items. The procuratorate accurately grasped the scope of work-related injury insurance, and after the protest, urged the employer to increase the one-time medical subsidy for work-related injuries and the one-time employment subsidy for disability that should be paid when the labor relationship was terminated, as well as the wages for suspension of work that were not agreed in the agreement between the two parties, effectively strengthened the work-related injury relief for workers, comprehensively safeguarded the legitimate rights and interests of workers, and raised the "temperature" of people's livelihood with the "strength" of procuratorial performance of duties.
(2) The procuratorate shall comprehensively review the legality of the relevant agreements in the labor relationship to ensure substantive fairness in the field of labor disputes. In the legal relationship between labor and employment, workers are generally in a relatively weak position. Especially in labor-intensive industries such as construction, there is a general phenomenon that workers do not have strong legal awareness and insufficient self-protection ability. The work-related injury compensation agreement between the employer and the employee is different from the general civil contract, and the autonomy of the parties should not be overemphasized. The judicial authorities should take the initiative to review the agreement between the two parties, regulate and restrict the content of the agreement under the legal framework, ensure compliance with the relevant laws and regulations on the protection of employees' rights and interests, and prevent employers from evading mandatory legal obligations in the form of "voluntary" agreement between the two parties, resulting in damage to the rights and interests of employees in situations of distress. In this case, the procuratorate upheld the authority and uniform application of the Social Insurance Law of the People's Republic of China, the Regulations on Work-related Injury Insurance and other relevant laws and regulations through the protest, demonstrated the essence of the national work-related injury insurance system, and also provided a reference sample for the labor group to protect their legitimate rights and interests, and achieved the good social effect of "handling one case and governing one".
Case five
Zhang Mouling and 175 other migrant workers sought labor remuneration to support the prosecution
【Keywords】
Recourse to labor remuneration, investigate and verify, support prosecution, and protect people's livelihood
[Basic facts of the case]
From February 2018 to January 2022, 175 migrant workers, including Zhang Mouling, were employed by a sanitation company in Dezhou City, Shandong Province (hereinafter referred to as a sanitation company) to engage in sanitation and cleaning and domestic garbage removal and transportation within the jurisdiction of a town. After Zhang Mouling and others completed the task according to the agreement, the sanitation company was in arrears of wages, and the arrears of wages ranged from several hundred to several thousand yuan. Later, Zhang Mouling and others went to the relevant departments many times to report the situation, but the recourse for labor remuneration was unsuccessful.
[The process of performing duties by the procuratorate]
In June 2022, Zhang Mouling and 175 other migrant workers applied to the People's Procuratorate of Decheng District, Dezhou City, Shandong Province (hereinafter referred to as the Decheng District People's Procuratorate) to support the prosecution, requesting help in demanding labor compensation. The Decheng District People's Procuratorate found that the migrant workers involved were basically elderly people over 60 years old, living in difficulty, their legitimate rights and interests had been infringed, and their ability to protect their rights was weak, and they met the conditions for supporting prosecution and should be accepted in accordance with law. After accepting the case, the Decheng District People's Procuratorate carried out the following work: First, it assisted in applying for legal aid. Actively communicated with the Legal Aid Center to assign legal aid lawyers to 175 migrant workers. The second is to jointly convene a joint meeting with the Labor and Social Security Supervision Brigade of the District Human Resources and Social Security Bureau, the District Judicial Bureau and other units to discuss the case, study solutions, and jointly go to a sanitation company to investigate and visit the site, explain the law to a sanitation company, inform the relevant legal consequences, and urge a sanitation company to actively cooperate. The third is to carry out investigation and verification. After review, the Decheng District People's Procuratorate found that Zhang Mouling and other 175 migrant workers did not retain wage slips, labor contracts and other evidence that could prove the labor relationship and the amount of wages owed, which was insufficient to support the litigation claim.
Investigation and verification The procuratorial organs carried out investigation and verification in accordance with the law around the above facts: first, they questioned 175 migrant workers and the accounting personnel of a sanitation company one by one, learned about the entry channels, labor positions, labor locations, wage calculation standards, settlement methods and other information of each migrant worker, and confirmed that the 175 migrant workers involved in the case all had labor relations with a sanitation company; The actual amount, and checked the amount of arrears with 175 migrant workers, and finally found out that a sanitation company owed a total of 603,955.86 yuan in arrears, and made audio and video recordings of the whole process to fix evidence.
Opinions in Support of Prosecution After review, the Decheng District People's Procuratorate found that 175 migrant workers including Zhang Mouling had a labor relationship with a sanitation company, and that the sanitation company's failure to pay labor remuneration infringed on the legitimate rights and interests of migrant workers, and that their appeal for payment of labor remuneration was based on the law. In April 2023, the Decheng District People's Procuratorate issued an opinion in support of Zhang Mouling's and other 175 migrant workers' claims for labor remuneration in accordance with the law, and recommended that the court support their litigation claims.
After the People's Court of Decheng District, Dezhou City, Shandong Province accepted the lawsuit of 175 migrant workers including Zhang Mouling, the People's Procuratorate of Decheng District assisted the migrant workers in applying for a reduction or exemption of litigation fees, and then jointly carried out pre-trial mediation with the People's Court of Decheng District. Although a sanitation company recognized the fact and amount of unpaid wages, it argued that it was unable to actually pay wages to migrant workers on the grounds that the town government had not paid its outsourcing fees. The Decheng District People's Procuratorate obtained the civil litigation case file between a sanitation company and the town government, and found out that the sanitation company had a due creditor's right against the town government, and then promptly guided the migrant workers to apply for preservation of the creditor's rights, so as to ensure that the arrears of migrant workers' wages could be paid first. In the end, the cases were settled through mediation, and all the wages owed to 175 migrant workers were paid.
In conjunction with the handling of this case, the Decheng District People's Procuratorate, the Decheng District People's Court, and the Decheng District Bureau of Justice countersigned the "Implementation Opinions on Strengthening Coordination and Cooperation in Civil Support for Prosecution" to increase the extent of coordination in the protection of vulnerable groups in the region.
【Typical Significance】
(1) When handling cases of migrant workers seeking labor remuneration to support prosecution, procuratorial organs should increase the intensity of investigation and verification, clarify the basic facts of the case, and truly protect the lawful rights and interests of laborers. Migrant workers and other vulnerable groups are the key groups of attention in the special action of "Protecting People's Livelihood", and resolving the problem of arrears of wages for migrant workers in accordance with the law is not only related to the vital interests of migrant workers, but also an important embodiment of the procuratorial organs' implementation of "handling every case with high quality and efficiency". In practice, migrant workers often lack legal awareness and insufficient ability to defend their rights, and are typical targets of support for prosecution, and the procuratorate shall increase the intensity of investigation and verification, help collect corresponding evidence to support the specific litigation claims of migrant workers and prove the facts of the disputed case, remove obstacles to the right of action of vulnerable groups, and achieve substantive equality of the litigation rights of both parties.
(2) Procuratorates preserving the lawful rights and interests of vulnerable groups shall persist in actively performing their duties, practicing justice for the people, strengthening governance of litigation sources, and continuing to ensure judicial safeguards for the people's livelihood. "Solving the 'salary' matter and protecting the people's livelihood" is an important aspect of the procuratorial organs' high-quality and efficient handling of every case, and it is also a vivid embodiment of the people-centered judicial practice. Supporting prosecution is not the goal, the procuratorate aims to realize the rights and interests of migrant workers with litigation difficulties in a timely manner, and uses methods such as explaining the law and reasoning, joint mediation, etc., to shorten the time for litigation, prevent migrant workers from aggravating their living difficulties due to litigation, resume normal production and life as soon as possible, realize the legitimate demands of vulnerable groups as soon as possible, and realize the conclusion of the case. Through the active performance of their duties, procuratorial organs allow the people to feel, feel, and feel fairness and justice, and contribute to the protection and improvement of people's livelihood.
Case 6
Case of administrative confirmation of procuratorial supervision between Zou Moumou and the Human Resources and Social Security Bureau of a city in Sichuan Province and a construction engineering Co., Ltd
【Keywords】
Administrative Effectiveness Judgment Supervision Protection of Workers' Rights and Interests Identification of Work-related Injuries Heatstroke
[Basic facts of the case]
Luo Moumou is a worker of a construction engineering company (hereinafter referred to as the engineering company). At 19:00 on July 19, 2018, Luo Moumou suddenly fainted when he was packing up his tools at the end of work, and was sent to the hospital for treatment, and died on July 25 after ineffective treatment. Luo Moumou's "Discharge Certificate" recorded: "1. Heat stroke; 2. Large infarction in the left frontotemporal parietal occipital-basal ganglia area...... "Judicial Appraisal Opinion" of a judicial appraisal institute in Sichuan believes that it is consistent with heat stroke and cerebral contusion and hemorrhagic infarction (secondary lobar pneumonia) caused by acute respiratory and circulatory dysfunction. The Human Resources and Social Security Bureau of a city in Sichuan Province (hereinafter referred to as the Municipal Human Resources and Social Security Bureau) believes that Luo Moumou suddenly fell ill at work, but died for more than 48 hours, and the applicant failed to submit an occupational disease diagnosis or certificate, and made a decision not to recognize the work-related injury. Zou XX (wife of Luo XX) was dissatisfied and filed an administrative lawsuit.
The court of first instance held that whether it was heat stroke or cerebral contusion and bleeding infarction caused by falling to the ground after fainting, it was not Luo Moumou's own disease, but had a direct causal relationship with his continuous work in a hot working environment, and should be found to be a work-related injury (death), and ordered the Municipal Human Resources and Social Security Bureau to make a new specific administrative act. The Municipal Human Resources and Social Security Bureau was dissatisfied and appealed. The Intermediate People's Court of a certain city held in the second instance that Luo Moumou spent more than 48 hours in the hospital for rescue, and the available evidence could neither prove the fact that Luo Moumou was injured on the head when he fell to the ground, nor could it prove the fact that Luo Moumou suffered from an occupational disease. The judicial appraisal is not an occupational disease appraisal made by an occupational disease appraisal institution, and it cannot prove that Luo XX suffered from an occupational disease. The judgment revoked the first-instance judgment and rejected Zou's litigation claims. Zou's application for a retrial was rejected.
[The process of performing duties by the procuratorate]
Source of the case Zou Moumou applied to the procuratorate of a city for supervision on February 24, 2021. After review, the procuratorate of a certain city submitted a protest to the Sichuan Provincial Procuratorate.
Investigation and verification The provincial procuratorate set up a case-handling team with the chief procurator as the chief prosecutor, and after investigation and verification, it was ascertained that the reason why Zou Moumou failed to supplement the occupational disease diagnosis certificate was that there was no institution in a city that was qualified to diagnose occupational heat stroke, and Zou Moumou's application for diagnosis to a number of local occupational disease diagnosis institutions was not accepted. After Zou Moumou applied for procuratorial supervision, he submitted an application for diagnosis to the West China Fourth Hospital of Sichuan University (hereinafter referred to as the West China Fourth Hospital), which has the qualification to diagnose occupational heat stroke. In view of the fact that Zou Moumou himself was unable to provide proof of Luo Moumou's professional history and other materials, the procuratorate was requested by Zou Moumou and the West China Fourth Hospital to collect relevant evidence ex officio and issue a "Statement on Luo Moumou". The "Certificate of Diagnosis of Occupational Disease" concluded by the West China Fourth Hospital that it was occupational heat stroke (heat stroke). The Municipal Bureau of Human Resources and Social Security and the engineering company have no objection.
Supervision Opinions The Provincial Procuratorate found that Luo Moumou's occupational disease diagnosis certificate was new evidence in administrative litigation, which could prove that Luo Moumou's heat stroke was an occupational disease, and that a work-related injury should be determined in accordance with the provisions of Article 14, Item 4 of the Regulations on Work-related Injury Insurance. On November 14, 2023, he filed a protest with the Sichuan Provincial High People's Court.
On April 2, 2024, the Provincial Court held a retrial of the case, and the Procurator General of the Provincial Procuratorate and the President of the Provincial Court performed their duties in the same court, and carried out the substantive resolution of the administrative dispute in court. The Municipal Bureau of Human Resources and Social Security expressed its acceptance of the recommendations of the two courts and essentially initiated the work-related injury determination procedure; Zou Moumou expressed his approval in court and withdrew the request for retrial. The Provincial Court ruled to terminate the retrial proceedings.
Promoting Governance In view of the narrow coverage of occupational disease diagnosis and appraisal institutions, the weak awareness of prevention and treatment of workers and employers, and the complexity of the procedures for diagnosing occupational diseases and identifying work-related injuries, the provincial procuratorate and the provincial court put forward work suggestions to the relevant administrative authorities, jointly convened a symposium on the protection of workers' rights and interests, and jointly promoted the improvement of the occupational disease prevention and control management system to protect the health rights and interests of workers.
【Typical Significance】
The determination of work-related injury is a prerequisite for the injured employee to enjoy work-related injury benefits in accordance with the law. Where the people's procuratorate handles a case of supervision of an effective judgment confirming the effectiveness of work-related injuries, and discovers that there is a real error in the determination of facts or the application of law in the judgment, or that there is new evidence sufficient to overturn the original judgment or ruling, it shall submit a procuratorial counter-appeal or a procuratorial suggestion for retrial in accordance with law, supervise the people's court's impartial administration of justice, promote the determination of work-related injuries by the human resources and social security departments in accordance with law, and protect the lawful rights and interests of laborers. In this case, the Sichuan Provincial Procuratorate carefully and thoroughly examined the reasons why the worker was not found to have suffered a work-related injury, carried out investigation and verification ex officio, and raised a protest in accordance with the law after Zou Moumou provided new evidence of the diagnosis certificate of the occupational disease of heatstroke. During the retrial, the people's procuratorate and the people's court carried out substantive resolution, the human resources and social security department took the initiative to correct the original administrative act, and Zou XX withdrew the request for retrial, realizing that the case was closed. In response to the identification of work-related injuries such as the difficulty in diagnosing occupational diseases and the long cycle of occupational diseases discovered in the course of handling cases, the procuratorial organs have strengthened communication and coordination with the people's courts and administrative organs, improved the system for the prevention, identification and protection of occupational diseases, and jointly protected the legitimate rights and interests of workers.
Case 7
Fan Mouhai v. a county human resources and social security bureau and social security center in Xinjiang, administrative litigation enforcement supervision
【Keywords】
Supervision of the execution of administrative litigation, protection of workers' rights and interests, work-related injury insurance, and advance payment
[Basic facts of the case]
Fan Mouhai is an employee of a company in Urumqi, Xinjiang, but the company has not signed a labor contract with him and has not paid work-related injury insurance. In July 2013, while working at a county construction site, Fan Mouhai fell from the cab of a vehicle and fractured his cervical vertebrae, which was recognized as a third-level work-related injury and disability. The county labor arbitration commission ruled that the company gave Fan Mouhai more than 1.42 million yuan in work-related injury insurance benefits. Because the company had no property to enforce, the compensation could not be paid. In July 2021, Fan Mouhai applied to the social security center of the company's place of registration for advance payment, and the social security center replied that it should be handled by the social security center of a county in the actual place of operation. Fan Mouhai then applied to the county human resources and social security bureau and the county social security center for the payment of work-related injury insurance benefits in advance, but the county human resources and social security bureau replied in writing that it would not be handled. Fan Mouhai filed an administrative lawsuit. In October 2022, the Intermediate People's Court of a certain city made a second-instance judgment, ordering the social security center of a county to perform its statutory duty of paying work-related injury insurance benefits in advance in accordance with the law. Fan Mouhai argued that the judgment did not specify the amount to be paid in advance and applied for a retrial, which was later rejected.
[The process of performing duties by the procuratorate]
In September 2023, Fan Mouhai applied to a city procuratorate for supervision. The Municipal Procuratorate found that the court's decision did not directly determine the amount of advance payment, which was not improper. During the review, the Municipal Procuratorate learned that Fan Mouhai's real appeal was to obtain full work-related injury insurance benefits as soon as possible, but it has been one year since the judgment took effect, and the county social security center has still not fulfilled its obligation to pay in advance, violating Article 94 of the Administrative Litigation Law of the People's Republic of China. The county social security center argued that the reason for the non-compliance with the judgment was that the payment system could not account for the amount and was not sure whether it should be paid. The reason is that the work-related injury in this case occurred in 2013, but the Opinions of the Ministry of Human Resources and Social Security on Several Issues Concerning the Implementation (II) came into effect in 2016, and the provision of the Opinions that "employees who have not participated in work-related injury insurance shall apply for work-related injury insurance benefits at the place of production and operation" does not have retroactive effect on this case, and should not be ordered to bear the payment obligation in accordance with the Opinions. In order to dispel the misgivings of the administrative organs, the procuratorial organs organized public hearings and invited deputies to the National People's Congress, members of the Chinese People's Political Consultative Conference, and law professors to attend. In the end, it was unanimously agreed that the opinion was a clarification of the relevant jurisdictional issues in the implementation of the Regulations on Work-related Injury Insurance, and should be applied in accordance with the principle of procedural renewal. The procuratorate then submitted a procuratorial suggestion to a county social security center in accordance with the law. On December 14, 2013, a county social security center actively applied for support from superiors to solve the problem that the system could not be calculated, and paid 270,000 yuan of work-related injury insurance benefits such as a one-time disability subsidy to Fan Mouhai on December 14, 2013, and paid more than 2,680 yuan per month for disability allowance and living care expenses from 2024.
【Typical Significance】
The advance payment system of work-related injury insurance is conducive to the full protection of employees after they are injured. People's procuratorates handling cases of supervision of administrative effective judgments for the advance payment of work-related injury insurance shall uphold an objective and fair stance, and in an attitude of resolving the injured employees' anxieties, difficulties, and hopes, they should not only review whether the effective judgment is improper and ensure that the judgment results are fair, but also supervise and correct illegal conduct in litigation enforcement activities to ensure that enforcement is in place and lawful. In this case, after a comprehensive review, the procuratorate of a certain city determined that the reasons for Fan Mouhai's application for supervision were not established, and at the same time found that the administrative organs had different understandings of the retroactivity of the relevant provisions, and then delayed in performing the obligations determined by the effective judgment, so they eliminated the differences through public hearings, and carried out supervision of the enforcement of administrative litigation in accordance with the law, urging the administrative organs to pay work-related injury insurance benefits in advance and safeguard the legitimate rights and interests of workers.
Case 8
The People's Procuratorate of Huadian City, Jilin Province, supervised the protection of the rights and interests of rural workers
【Keywords】
Procuratorial suggestions for administrative public interest litigation The rights and interests of rural workers should be inspected to protect people's livelihood and the safety of agricultural machinery
[Basic facts of the case]
Huadian City, Jilin Province is located in the hilly and mountainous areas in the southeast of Jilin Province, the plot is small and messy, the slope is many and the ridge is many, the shape is irregular, it is difficult for large and medium-sized agricultural machinery to enter the ground to operate, and the use of small agricultural machinery is more common. Since 2020, there have been many accidents such as deaths, serious injuries and minor injuries due to driving agricultural machinery without a license, unauthorized modification, illegal road, illegal disassembly and assembly of agricultural machinery, unauthorized dismantling of safety protection, improper operation and use, etc., and the number of injured people has increased year by year, and the degree of injury to agricultural machinery is relatively serious.
[The process of performing duties by the procuratorate]
At the beginning of May 2023, the volunteers of "Benefiting the Public" reported the clues of this case to the People's Procuratorate of Huadian City, Jilin Province (hereinafter referred to as the Huadian Municipal People's Procuratorate). The Huadian Municipal People's Court decided to file a case for investigation. After obtaining injuries caused by the operation of agricultural machinery in Huadian People's Hospital and Traditional Chinese Medicine Hospital in recent years, 145 people were found to have been injured by agricultural machinery, including 39 in 2020, 47 in 2021, and 59 in 2022, an increase of 20.5% and 25.5% year-on-year respectively, showing an upward trend year by year. In 145 accidents, a total of 96 people were slightly injured, 48 people were seriously injured, and 1 person died. After comparing with the identity information provided by the Huadian Disabled Persons' Federation, it was found that 8 people have been disabled due to the use of agricultural machinery since 2020.
Huadian Municipal Institute carried out investigations from multiple perspectives such as agricultural machinery production, sales, use, and modification, and visited agricultural machinery manufacturing, sales, and maintenance enterprises to understand agricultural machinery factory standards, operation specifications, and safety matters. Went deep into the city's 10 township streets to investigate 46 people injured by agricultural machinery. The investigation found that problems such as non-standard registration of agricultural machinery, unlicensed work of operators, modification of agricultural machinery and sick operation are important causes of agricultural machinery accidents.
On July 25 of the same year, in accordance with the relevant provisions of the "Regulations on the Administration of Tractor and Combine Harvester Driving Licenses" and the "Regulations on the Administration of Agricultural Machinery in Jilin Province", the Huadian Municipal People's Court issued procuratorial suggestions to the Huadian Municipal Bureau of Agriculture and Rural Affairs in accordance with the relevant provisions of the Regulations on the Administration of Agricultural Machinery and the Regulations on the Administration of Agricultural Machinery in Jilin Province.
After receiving the procuratorial suggestions, the Huadian Municipal Bureau of Agriculture and Rural Affairs organized and carried out pre-job training for agricultural machinery drivers, standardized examination process and content, agricultural machinery safety knowledge publicity and improvement mechanism, dispatched 210 law enforcement personnel (times), dispatched 110 law enforcement vehicles (times), a total of 800 sets of safety inspection of agricultural machinery vehicles, and 128 sets of agricultural machinery vehicles. Organize 65 people to pass the training and obtain a driver's license, distribute 100,000 reflective strips, distribute a total of 15,000 copies of "A Letter to Farmers and Friends" and various agricultural machinery brochures, improve and implement the agricultural machinery registration system, examination and training verification system, sales registration system and daily inspection system, and the safety protection effect of agricultural machinery has been significantly improved.
Huadian Municipal People's Procuratorate reported the handling of this case to the Jilin Municipal People's Procuratorate, and the Jilin Municipal People's Procuratorate found that similar situations also exist in other cities and counties within its jurisdiction, so it decided to handle it directly as a municipal court public interest litigation case, and after investigation, it is believed that the city's agricultural machinery safety issues are more complex and diverse, involving agriculture and rural areas, market supervision, transportation and other regulatory departments, on November 7, 2023, the Jilin Municipal People's Court issued procuratorial suggestions to the Jilin Municipal People's Government, urging the organization of multiple departments to perform their duties in a coordinated manner. After receiving the suggestion, the municipal government organized the Municipal Bureau of Agriculture and Rural Affairs, the Market Supervision and Administration Bureau and the traffic management department to set up a leading group for the city's agricultural machinery safety supervision, from five aspects, such as strengthening the system improvement, refining management responsibilities, promoting source governance, building a coordination mechanism, and strengthening publicity and training, to comprehensively plug the loopholes in agricultural machinery safety supervision and form a long-term mechanism for agricultural machinery safety prevention. In response to the disability assessment and medical insurance reimbursement of rural workers after agricultural machinery damage, the Jilin Municipal People's Court coordinated with the medical insurance department and the Disabled Persons' Federation to establish a "green channel" to simplify the declaration process and provide convenient services for rural workers in a practical and efficient manner.
【Typical Significance】
(1) When handling administrative public interest litigation cases involving agriculture, procuratorial organs shall accurately and effectively carry out supervision on the basis of all-round investigations, and identify the point of force to protect the rights and interests of rural workers. The safety of agricultural machinery is related to the right to life and health of rural workers, an important guarantee for agricultural development and food security, and an important livelihood issue. In view of the problems existing in the supervision of agricultural machinery safety, the procuratorial organs actively play the role of public interest litigation supervision, carry out all-round social investigations, and accurately urge the administrative organs to strengthen the supervision of agricultural machinery safety in the links where problems are prone to occur, so as to protect the lives and health of farmers and laborers.
(2) In handling cases, procuratorates shall use individual cases as an incision, and use integrated performance of duties to promote the coordinated efforts of administrative organs, forming long-term effective mechanisms to promote comprehensive social governance. In order to form a joint force to protect the rights and interests of farmers and laborers, the procuratorial organs insist on performing their duties as one, accurately trace the source from multiple problem links and the functions of multiple departments, and urge the municipal people's government and multiple competent departments to integrate and exert efforts to form a long-term mechanism for agricultural machinery safety prevention, plug the loopholes in agricultural machinery safety supervision, and promote the solution of risks and hidden dangers and outstanding problems in the field of agricultural machinery safety production with procuratorial public interest litigation. In response to the post-injury disability assessment and medical insurance reimbursement of rural workers, promote relevant units to provide high-quality and convenient services for rural workers, and do a good job of procuratorial work for the people.