They dialed the Contractor's "home"
2022-02-09
Recently, driven by the support of the fifth procuratorial department of Xicheng District Procuratorate in Beijing, Gong's wages in arrears for nearly three years were finally settled. At the beginning of 2018, Gong came to Beijing from Hebei through a friend's introduction to provide labor services in the decoration project contracted by Ma. The two sides orally agreed that the salary was 240 yuan per day. In 2018, Gong followed Ma to work on several construction sites. When he returned home at the end of the year, he still had a salary difference of more than 10000 yuan. Gong had to pay off his horse for many times until January 2022, but he didn't pay it off until January 2022. In September 2021, the prosecutor of the fifth procuratorial department of Xicheng District procuratorate learned about Gong while investigating the clues of supporting prosecution cases. After contacting Gong, he expressed his concerns and difficulties: "I owe the salary for nearly three years. Is it still useful to go to the court to sue?" "I'm not familiar with Beijing. I've worked in more than one place. I can't tell the name of the project." "The epidemic situation is repeated, and now I dare not go to Beijing!" "Can the procuratorate help in a situation like mine?" Gong's words represent the voice of many wage earners. They are eager to protect their rights according to law, but they face many difficulties: they need to verify the subject of legal relations, clarify the nature of legal relations, determine the basic facts of disputes and the basis of litigation claims, and must also study and judge the limitation of action, case jurisdiction and other issues one by one. In view of Gong's inability to come to Beijing due to the epidemic, weak evidence collection ability and lack of legal knowledge, the case handling prosecutor began to work to see if he could help Gong solve his "salary trouble" by supporting prosecution. First of all, we need to study the limitation of action of the case. Prosecutors carefully combed the wechat chat records provided by Gong and found that from 2019 to 2021, Gong urged Ma for salary arrears for more than 20 times. These records are enough to produce the legal effect of the interruption of the limitation of action. The prosecutor believes that Gong's case does not have the obstacle of limitation of action and meets the conditions for the procuratorial organ to support prosecution. Next, what needs to be verified is the fact that Gong provided labor services and the basic situation of salary arrears - project location, construction contract, evidence of project payment, payment of labor fees... All these should be investigated and verified one by one. Even for hotels that cannot be named by both parties, the prosecutor has successfully found the target through the existing information and successfully transferred the evidence of relevant project funds. The hotel front desk attendant, the administrative manager, the security team leader and the prosecutor visited and inquired one by one with evidence materials to determine the relevant clues of Gong's participation in the project. From the sorting out of the relationship between contracting, contracting and subcontracting to the determination of the subject qualification of the defendant to be prosecuted, the prosecutors finally found out all the facts of Gong's provision of labor services and the specific situation of the arrears of labor fees through a series of investigation, verification and evidence collection according to law. During the investigation, the prosecutor noted that Ma paid part of his salary twice during the Spring Festival. When asked about Ma's specific situation by telephone, Ma was also full of bitterness: "I don't want to default on my salary either. But my family still owes me money and hasn't given it yet. Every year for the new year, I use my own money to cover part of it. The prosecutor should also consider my difficulties!" Prosecutors believe that judging from the details of Ma's payment during the Spring Festival, he is indeed willing to pay wages, and the difficulties he reflects should also be verified and treated objectively. Supporting Gong's prosecution is not the only purpose of the procuratorial organ's work. The best effect of handling a case is to completely solve problems, resolve disputes and realize the governance of the source of litigation. To this end, the prosecutor dialed what Ma called "home" Liang. Liang admitted his arrears on the phone, but said that "the project involves economic disputes", "did not earn money", "the project payment is not clearly accounted" and other helplessness. In this regard, the prosecutor took the trouble to communicate with Liang again and again. On the one hand, he preached to him the policy and strength of the "special action to eradicate wage arrears in winter", and on the other hand, he combed the different legal relations of construction contract disputes and labor disputes for Liang. While clarifying the various legal responsibilities and serious consequences that may be faced by defaulting on migrant workers' wages, he also keenly grasped Liang's willingness to compromise and actively promoted reconciliation. With the unremitting efforts of the civil prosecutor of Xicheng District Procuratorate, Liang finally fulfilled his payment obligation in early December 2021, and Ma also paid Gong the salary in arrears at the first time. Gong's case is an epitome of the special action of "warm home road" of Xicheng District procuratorate. In this special action, the fifth procuratorial department of the court explored various ways to support the prosecution by performing procuratorial duties according to law: fixing evidence and ascertaining facts through investigation and verification, public hearings; Through the coordination of the legal aid center, the court filing court and the trial court, the channels for migrant workers to seek salary and protect their rights are unblocked; Through procuratorial reconciliation and coordination of the interests of all parties, we have achieved source governance, win-win and win-win results, and achieved good political, legal and social effects. (outlook new era)
Edit：Yuanqi Tang Responsible editor：Xiao Yu
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