"We are all migrant workers and outsiders, and we don't know much about the law...... We ran to a lot of places, and they all said that the evidence was insufficient, and they couldn't help us, we really had no choice, you have to call the shots for me! ”
Recently, three migrant workers hurriedly came to Area A of the Litigation Service Center of the Gaozhou Court, saying that they wanted to sue a contractor who was in arrears of wages. After learning about it, Chen Wenyuan, president of the court's case filing division, immediately reviewed the prosecution materials submitted by them, and talked with them in detail one by one to understand their specific demands.
It turned out that between September 2015 and February 2016, Yu and other three migrant workers followed the contractor Lin to work in Guangzhou, Qingyuan and other places. After the work was completed, Yu and the three did not receive the labor remuneration they deserved. In February this year, Yu and the three others asked Lin for wages again through WeChat calls, but Lin still refused to pay on the grounds that the salary was incorrect, and Yu and the other three sued to the court.
Don't worry, we reviewed the information you submitted and found that the evidence is not sufficient, do you have any other evidence to support it? For example, an IOU signed by the other party or a work record sheet?
It doesn't seem to be.
Do you have any WeChat transfer or WeChat chat history?
Nor did it. Then won't I come back with more than 10,000 yuan? This is the salary I have earned every day by waking up early and working late at the construction site......
What did the contractor say? Can you still be contacted?
He said that the amount of salary was wrong and did not admit it. We're arguing on the phone now, and there's no way to talk about it properly......
The two parties have neither signed an employment contract nor settled the wages, and it is difficult to obtain evidence due to the long period of time. Chen Wenyuan realized that the plaintiff's evidence was weak and that if he entered the litigation process, he would likely face the risk of losing the case.
"Let's contact Lin first to see if there is any possibility of mediation." Afterwards, Chen Wenyuan finally "talked" with Lin through multiple searches and several contacts.
"They did work for me, but the salary is not right, I don't agree!" On the phone, Lin was fierce and resolute.
"We are all from ordinary people, Yu and they are all tired of work, and they earn hard money, since you also admit the fact of arrears of wages, why don't you go to the court together to negotiate and see how to solve this matter, these tens of thousands of yuan have been delayed for so many years, it is good for everyone to solve it as soon as possible, what do you say?"
The other side of the phone pondered for a while, and said, "Okay, this matter has been annoying me for many years, and I want to solve it as soon as possible." ”
Despite the clear facts, the two sides are still at loggerheads over the amount of wages. In the face of the tense and antagonistic situation, Chen Wenyuan and Wu Fei, a retired veteran judge specially appointed by the court, first eased the tense atmosphere at the scene, and then carried out "back-to-back" mediation for both parties.
"We Gaozhou people pay attention to Mrs. Xian's 'kindness' spirit, Lin can come to the court today to participate in mediation, which proves that he is an honest boss, and he sincerely wants to solve the problem, quarreling does not help to solve the matter, and it is the right thing to clear the salary amount and get the arrears of wages." Under Chen Wenyuan's patient persuasion, the attitudes of both sides began to ease.
Chen Wenyuan and Wu Fei seized the opportunity, on the one hand, they concisely explained the relevant legal provisions to Yu and others, and explained the stakes to Lin, and on the other hand, they explained the law to Lin, informed them of the legal consequences of arrears of migrant workers' wages, and guided Lin to empathize and understand the bitterness and difficulty of migrant workers making money to support their families. After correct guidance, reasonable advice, and patient persuasion, the two parties finally reached a mediation agreement, and Lin paid 29,000 yuan in arrears of wages to Yu and the three people at one time.
"If you don't meet the deadline, the worker can use this mediation letter to apply for enforcement. At that time, the court will freeze your bank account and seize the relevant property, which will bring greater inconvenience to your life once you become a judgment defaulter. After the mediation, after Chen Wenyuan introduced the validity of the mediation letter to Lin, he popularized legal knowledge to the workers and persuaded them to improve their legal awareness and evidence awareness in the future to protect their legitimate rights and interests.
"This 'expired' salary has finally been recovered! The stone in my heart has also been put down, and I am really grateful to the judge! After receiving the remuneration, Yu and the other three submitted an application to the court to withdraw the prosecution materials. So far, the dispute has been satisfactorily resolved.
Kind and safe Maoming editorial department
Editor: Chen Tianhao
First Trial: Wu Tong
Re-examiner: Liang Yan
Final review: Chen Ruizhen
Source: Maoming Intermediate People's Court, Gaozhou Municipal People's Court