Source: Rule of Law Daily
Original title: Mediator Hu Yan: Only when the knot of the heart is untied can it be truly concluded
Rule of Law Daily reporter Pan Congwu Wen/Photo Correspondent Wang Jian
In the 102nd Regiment of Wujiaqu City, the Sixth Division of the Xinjiang Production and Construction Corps, there is such a grassroots people's mediator, who relies on her solid legal foundation, sincere feelings for the people, and successful mediation time and time again, practicing the original intention of a judicial administrator and her solemn commitment to the masses of workers and staff, she is Hu Yan, a mediator of the People's Mediation Committee of the 102nd Regiment.
Rooted in the grassroots for 14 years, Hu Yan has participated in and presided over more than 1,700 mediation cases, recovering a large number of economic losses for the masses of workers. In 2020, Hu Yan was awarded the title of "National Model People's Mediator" by the Ministry of Justice, the model people's mediator of the Xinjiang Production and Construction Corps, the "March 8" red flag bearer of the Corps, the "March 8" red flag bearer of wujiaqu City of the Sixth Division of the Corps, the people's satisfaction with the political and legal cadres and policemen, and the third class meritorious service twice, these honors are the best proof of Hu Yan's silent dedication.
The rights and interests of both parties are protected
The picture shows Hu Yan sending the law to the merchants.
On May 19 this year, the driver received a transfer salary of 2800 yuan in WeChat, and he thanked Hu Yan for the first time.
For example, since April 16, a certain person has been pulling sand and gravel materials at Ai's construction site. The two heads agreed that the salary would be 10,000 yuan and paid monthly. After 10 days, if a certain person proposed his resignation to Ai on the grounds that the work intensity was too great and the conditions were too difficult, he did not go to work again that day. Later, if a certain asked Ai for 10 days' wages was rejected, he came to the 102nd Regiment People's Mediation Committee for help.
"You quit your job after 10 days, you say you will leave, the new driver is not hired, the owner's big car is suspended, causing losses to others, the labor contract law also stipulates the probation period, to resign you have to say hello 3 days in advance..." Hu Yan explained the relevant legal provisions, such as a certain heart orally.
Next, Hu Yan talked to the owner of the car again, "Anyway, Ru X also did 10 days of work for you, although the sudden resignation caused you losses, but this salary must be given." The Interim Provisions on Wage Payment stipulate that when both parties to an employment relationship terminate or terminate a labor contract in accordance with law, the employer shall pay the employee's wages in one lump sum when terminating or terminating the labor contract..."
Reasoning and explaining the law, the heart and heart, under her patient persuasion, in the end, Ai paid a salary of 2800 yuan, and both sides were satisfied.
"The law should not be cold, when mediation, I pay attention to untying the knots in the hearts of the parties, and only when the knots are untied can the case be truly closed." Hu Yan said. In the first five months of this year, she successfully mediated more than 20 disputes over migrant workers' wages and recovered more than 2 million yuan in wages for migrant workers.
The picture shows Hu Yan mediating a dispute.
The "mobile mediation room" has a large role in the small number of people
In recent years, the number of companies and factories settled in the jurisdiction of the 102nd Regiment has been increasing, and the flow of personnel has been large. Combined with the changes in the actual situation, Hu Yan boldly proposed the establishment of a "mobile mediation room" to extend the mediation tentacles to factories, streets and workshops. Two people's mediators, a clerk, and a van formed a "mobile mediation room."
On January 19, 2018, Hu Yan noticed that there were dozens of workers gathered on the street, and immediately stepped forward to inquire, and it turned out that they wanted to seek help because of the fruitless salary. Hu Yanxian took dozens of people back to the mediation room to talk to the workers' representatives. After understanding, it was learned that these dozens of workers were employed by 13 team leaders, from 2015 to 2016, they successively worked on the construction site of a company, and after the company paid part of the wages, the remaining wages were not paid in time, and the workers repeatedly consulted with the company and failed to solve the problem. Hu Yan first stabilized the mood of the workers: "You first check with the team leader to clarify the number of working days and the amount of wages, list the salary list, and then I will talk to the boss." ”
Because of the large number of people involved, the party committee of the 102nd regiment arranged for someone to take charge of the matter together with Hu Yan. Hu Yan got in touch with the relevant person in charge of the construction company, who expressed his willingness to solve the matter, but because the company's capital chain was broken, it was impossible to pay such a large amount of money for a while. During that time, Hu Yan made a phone call a day, a door once a day, his legs were thin, his mouth was worn, but the other party still excused himself as "I can't come up with so much money, I'm trying to find a way."
Seeing that it was almost the New Year, the workers were anxious to go home. Hu Yan once again found the person in charge of the construction company: "Behind dozens of workers are dozens of families, each family has the elderly and children, and the wages you owe are likely to be the money for the elderly to buy medicine and the money for the children to go to school." People's hearts are all long flesh, let's compare hearts to hearts, empathize with each other, if it is replaced by your salary is not owed back home for the New Year, what is your mood..." After a few hours, the other party finally said that the arrears must be settled years ago.
"To resolve contradictions, it is necessary to combine law and feelings, and to stress the law without departing from the feelings and not to depart from the law." It took more than a month to resolve the matter. Many times, solving the problem is not to convince the other party, but to move the other party, and the problem will definitely be solved. Hu Yan said.
On the 29th day of the lunar month, dozens of workers with a total wage of more than 2 million yuan finally got their hands.
The next day, Hu Yan received a text message from the worker: "We have taken the train home, today is the Chinese New Year's Eve, special thank you!" Happy Chinese New Year! ”
The picture shows Hu Yan publicizing to the residents the significance of the education and rectification of the political and legal contingent.
Fairly handle and resolve contradictions between soldiers and localities
In the past 14 years, Hu Yan has made every effort to stabilize, unite, harmonize and stabilize the jurisdiction, and resolved a large number of contradictions and disputes at the grass-roots level.
On June 17, 2019, an incident occurred in the Eighth Company of the 102nd Regiment in which camels raised by local villagers nibbled on cotton seedlings in the fields of the workers of the regiment farm, causing losses to the employees. After Hu Yan arrived at the scene, he first calmed the emotions of the damaged workers, went to the cotton field with the company technicians to check the damage and estimate the damage; on the other hand, he rushed to the village committee where the villagers involved in the case were together with the secretary of the party branch of the company, the company commander and the damaged workers.
Hu Yan explained the situation to the relevant responsible persons of the village committee and explained to the staff of the village committee the relevant regulations of the Xinjiang Uygur Autonomous Region on the strict prohibition of grazing in the desert area, which aroused the great attention of the staff of the village committee.
Hu Yan clearly pointed out the root of the problem: "The loss caused to the staff by herding livestock and failing to fulfill the duty of care should be compensated." "The staff of the village committee immediately contacted the two villagers involved and asked them to make compensation as soon as possible in accordance with the law." At first, the two villagers were reluctant, claiming that it was not their own camels that nibbled on cotton seedlings. Hu Yan immediately took out a photo taken at the scene, and the marks on the camel's body were clearly visible. Faced with the facts, the villagers agreed to compensate, but felt that the amount of compensation demanded by the damaged employees was too high.
"Let's go live and have a look." Hu Yan drove to the scene with the parties. The cotton field is a "mess", and large cotton seedlings have become empty stalks and have been seriously trampled. Hu Yan took advantage of the situation and began to persuade again.
The two villagers agreed to the amount of compensation, sent the compensation the next day, and sincerely apologized to the staff of the regimental field.
"As a qualified people's mediator, it is not enough to understand the law, but also to be patient and meticulous, to use heart and affection, to really consider the problem from the perspective of the parties, to put yourself in the shoes of the people, and to exchange hearts for hearts, in order to win the recognition of the people." Hu Yan said seriously.
Editor-in-Charge: Yin Wenzhuo