The interests of the masses are no small matter
Leaning over and doing the line is always concerned
In the construction of the rule of law
In legal services
In criminal execution
Every Shanghai judicial administrator
Both uphold the concept of serving the people
Start with every little thing
Day by day
Let the temperature of the rule of law spread throughout Shencheng
After practicing law for ten years and serving as a legal aid lawyer for seven years, he has accumulated hundreds of legal aid cases in his hands, and in each case there is a story of grievance, the final outcome of the story is basically the same, justice is realized, and grievances are turned into the light of living and the joy of hope.
——Wang Nayu, a lawyer at Shanghai Chengzhixin Law Firm
My Legal Aid Story:
June 23, 2015 at 8:00 a.m. is the darkest moment in the life of 17-year-old Xiao Han, this is his third day to work in this small factory in Shanghai, after three days of teaching by the master, he began to operate the machine independently, took the teacher to explain a few words and then walked away to busy himself, he was nervous to operate this iron lump that was taller than himself. "Ah!" With a scream, Xiao Han's hand had been "eaten" by the iron knot of the machine. When the master next to him rushed over to turn off the electric gate, Xiao Han's bloody palm was only half left, and the workers quickly sent the pale Xiao Han to the nearest hospital, and then transferred to the Shanghai Sixth People's Hospital for treatment.
Xiao Han's father was also working in Changzhou, Jiangsu Province, at that time, after learning that his son was injured, he quickly took leave to shanghai to take care of Xiao Han, and when Xiao Han's condition improved slightly, the factory owner where Xiao Han was located paid the hospitalization fee for Xiao Han, and persuaded Xiao Han to be discharged, and also "enthusiastically" invited Xiao Han and his father to the hotel, treated the two with good food and drink, and let other "accompanying" personnel persuade Xiao Han's father to take Xiao Han home for convalescence for two months, and then arrange another job at the factory when the injury heals. The boss swore and patted his chest and said: "Rest assured, Xiao Han will always be an employee of our factory, and now Xiao Han is still in the recovery period, and during Xiao Han's time at home, I will still pay Xiao Han a salary." Feel free to go home. "Honest Little Han's father took Little Han home with him.
The father and son returned to Henan with peace of mind, but a month passed, xiao Han did not have a penny on the account to enter, and two months later, there was still no so-called salary to enter. The father took Xiao Han to Shanghai again to ask for advice, but when he arrived at the factory, he did not give it in, and he did not meet with the boss. The factory owner reported to the police for harassing the normal production of the factory. The "110" police arrived at the scene, listened to the story of Xiao Han's father and son, and verified the relevant situation with the factory owner, who denied it: they did not know the two people. The police introduced the father and son to the Shanghai Songjiang District Legal Aid Center and asked for legal aid to get Justice for Xiao Han.
In view of the complexity of the case, the Songjiang District Legal Aid Center assigned two lawyers, Me and Mr. Yang, to undertake the case.
After receiving the assignment from the Songjiang District Legal Aid Center, we met with the father and son in time to talk and understand the relevant content. Seeing Xiao Han's still young arms connected to half of his palms, he couldn't bear to look at it more. I feel sorry for Xiao Han's hurt feelings, and I feel resentful of the factory owner's cruel heart. But lawyers must calm down, and to solve problems, it is not possible to rely on a single blood, but on the professionalism and patience of lawyers.
First of all, we explained the difficulty of the case to the father and son, because the factory owner did not admit that the factory and Xiaohan had an employment relationship, so they could not identify the work injury and could not get the compensation they deserved. Now the case process must first apply for confirmation of the labor relationship, then apply for the recognition of the work injury, then conduct the labor ability appraisal, and then apply for arbitration to require the factory to pay the corresponding work injury compensation costs and related treatment. If the other party does not cooperate, each stage of the process needs to apply for the labor arbitration commission ruling, the first-instance prosecution and the second-instance appeal process, including administrative processes such as reconsideration, so that the whole process needs ten round-trips to complete, which takes two to three years, whether you are willing to fight.
The father and son looked up, although the father was not very old, but his face was already engraved with the vicissitudes of the years, and he said firmly: "Lawyer, we want to fight, even if we are willing to fight for ten years, the child is so small, he encounters unfair things, he can't get over this hurdle psychologically." "After receiving an affirmative reply from our father and son, we began to prepare materials and formalities, and first applied for confirmation of the labor relationship. Sure enough, the start was unfavorable, because Xiao Han worked in the factory for a short time, the workers were afraid of losing their jobs, and they were reluctant to come out to testify for Xiao Han, and the overalls worn by Xiao Han when he was injured had also been discarded in the hospital, and the Labor Arbitration Commission ruled to reject Xiao Han's request. After that, the lawyer helped him sue to the Songjiang People's Court, and applied for a court investigation order to go to the police station to retrieve relevant alarm materials, requiring that the relevant records of receiving the alarm be provided at that time. The police gave a detailed account of the entire police record at that time, full of a piece of paper. Here we are also very grateful to the police, worthy of the people's police for the people, this "explanation" played a great role in the first trial; one of Xiao Han's co-workers resigned because he saw the boss's ruthlessness and resigned and was willing to testify for Xiao Han. Finally, the court of first instance accepted all the evidentiary materials submitted by the lawyer and ruled that there was an employment relationship between Xiao Han and the factory. Despite the factory's appeal, the court of second instance upheld the first instance judgment. Subsequently, every link was overwhelming and supported. Although the other factory will carry out the rogue to the end, we will also use the facts and laws step by step to carry out the victory to the end.
Letters of praise
In the late autumn and winter of 2017, although the weather gradually turned cold, the hearts of Xiao Han's father and son were warm. We helped the last compensation execution case to go through for free, and the father and son finally had a comfortable smile on their faces. Xiao Han and his father and son carried a bright red pennant and a letter of thanks to the Songjiang District Legal Aid Center, thanking the District Legal Aid Center and the assistance lawyers for "defending justice, maintaining fairness, providing quality services, and relieving the people's worries."
The lawyer asked: "Xiao Han, you are an adult, what are you going to do with this money?" ”
Xiao Han's father said, "Oh, I have this money to help him save it and build a house for him to marry his daughter-in-law." ”
The lawyer said: "Xiao Han, you can also use this money to do a small business in your hometown." ”
Xiao Han raised his confident face and said, "No, I still come to Shanghai to work." I am not afraid to have you and the Legal Aid Center popularize the law for those of us who do not understand the law. ”
The lawyer finally heard Xiao Han's confident and sonorous words, Xiao Han's self-confidence and self-esteem returned, and it could be heard that Xiao Han's self-confidence increased his trust and dependence on the law. We are very pleased that we can use law and patience to spread the courage and energy for a vulnerable person like XiaoHan to move forward.
The teenager who lost half of his palm finally ushered in his dignity and hope for the future!