The Supreme People's Court and three other departments have released typical cases of wage arrears disputes - clarifying arbitration rules and safeguarding the legitimate rights and interests of workers
2024-01-26
How to calculate overtime pay for online overtime? How to promote the governance of the source of wage arrears disputes? On January 25th, the Supreme People's Court, the Ministry of Human Resources and Social Security, and the All China Federation of Trade Unions jointly released typical cases of wage arrears disputes, responding to the hot issues of public concern. Through these cases, diversified solutions to wage arrears disputes were clarified, and the implementation of the security system was promoted to detail. The occurrence of wage arrears was curbed from the source, and a long-term mechanism for eradicating wage arrears was promoted to effectively safeguard the legitimate rights and interests of workers. In response to the case of delayed payment of wages to migrant workers, the court has improved the green channel for fast establishment, fast trial, and fast execution. A consortium consisting of a certain engineering and technology company, an electrical company, and a certain city's highway headquarters has won the bid for a transportation engineering project, with the engineering and technology company as the leading unit. Yu subcontracted some construction projects from an engineering technology company and hired 114 migrant workers including Wang to provide labor services. However, after Wang and others completed the construction according to the agreement, their wages were delayed for a long time and were not received. Unable to receive the hard-earned money, Wang and others filed a lawsuit with the court, demanding that Yu, the engineering technology company, and others pay a salary of over 2.8 million yuan. How to protect the legitimate rights and interests of 114 migrant workers from 6 different provinces? Liu Shuguang, Director of the Research Office of the Intermediate People's Court of Zhangye City, Gansu Province, introduced that the court simplified the filing procedures of Wang and others in accordance with the law, improved the efficiency of the trial, and ruled that the winning consortium illegally subcontracted the project to Yu, who did not have the qualifications for employment, and should bear joint liability for the unpaid wages of Yu. At the same time, the court increased enforcement efforts and facilitated the full execution of the salaries of 114 migrant workers within 20 days, effectively realizing the legitimate rights and interests of migrant workers. Once the judicial case is resolved, we need to take another step forward and do a good job in source prevention and front-end governance. According to the Regulations on Ensuring the Payment of Wages for Migrant Workers, the construction general contracting unit shall open a special account for the payment of wages for migrant workers in accordance with relevant regulations, specifically for the purpose of paying the wages of migrant workers in the construction project. "During the trial of the case, the court found that the enterprise had engaged in illegal behavior of not storing the wage guarantee deposit for migrant workers in accordance with the law. Therefore, it issued a judicial recommendation to the administrative department, urging the administrative organs to fulfill their duties in accordance with the law, ordering the enterprise to store the wage guarantee deposit for migrant workers in a timely manner in accordance with the law, promoting the governance of the source of litigation, and preventing similar cases from occurring." Liu Shuguang introduced. "The dispute over unpaid wages is related to the maintenance of the legitimate interests of workers, and it is of great significance to ensure the rapid realization of their interests and demands." Chen Yifang, the President of the Supreme Court of Justice and Civil Affairs, introduced that the People's Court continuously improves the green channel for quick establishment, trial, and enforcement of cases of unpaid wages of migrant workers, fully utilizes the achievements of the "smart court" construction, creates an online litigation platform, and empowers parties more conveniently through digital means, Take multiple measures to establish a fast lane for eradicating wage arrears. If there is a situation of wage arrears during the "affiliated" construction, the construction unit should bear the responsibility for repayment. The "Regulations on Ensuring the Payment of Wages for Migrant Workers" provide special protection for migrant workers to receive wages in full and on time in the field of engineering construction in the form of a special chapter. The laws and regulations clearly stipulate that affiliated behavior is prohibited in the field of engineering construction. The Regulations on Ensuring the Payment of Wages for Migrant Workers stipulate that "construction units allow other units and individuals to undertake construction projects in the name of construction units.",
Edit：Zhoushu Responsible editor：Jia Jia
Source：People.cn
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