The Supreme People’s Court, the Ministry of Human Resources and Social Security and the ACFTU issued typical cases concerning disputes over unpaid wages.
Cctv newsAccording to the Supreme Law WeChat WeChat official account News, getting paid in full and on time is the most concerned right of workers. In order to thoroughly study and implement the Party’s 20th National Congress’s important arrangements on improving the protection system for workers’ rights and interests and the Central Economic Work Conference’s requirements on ensuring that migrant workers’ wages are paid in full and on time, the Supreme People’s Court, the Ministry of Human Resources and Social Security and the All-China Federation of Trade Unions jointly issued typical cases involving wage disputes, which clarified the diversified solutions to wage disputes through cases, promoted the implementation of the security system, curbed the occurrence of wage arrears from the source, improved the long-term mechanism for eradicating wage arrears, and effectively safeguarded the legitimate rights and interests of workers and social harmony and stability. This batch of cases mainly has the following characteristics:
First, strengthen departmental linkage and weave a "protection net" to eradicate wage arrears.People’s courts, human resources and social security administrative departments, labor and personnel dispute arbitration institutions, trade unions and other relevant functional departments adhere to the people-centered, and comprehensively use trade unions to participate in mediation and consultation, administrative law enforcement, labor dispute arbitration, justice and other means to properly resolve wage disputes. The typical cases released this time include cases in which people’s courts, human resources and social security administrative departments, labor and personnel dispute arbitration institutions, trade unions and other departments jointly carry out the work of preventing and resolving contradictions and disputes, and cases in which the docking of complaints and mediation promotes the substantive resolution of contradictions and disputes and the trade unions actively coordinate the procuratorial organs to initiate civil support prosecutions. People’s courts, human resources and social security administrative departments, labor and personnel dispute arbitration institutions, and trade unions, based on their statutory functions, explore and create a linkage chain to eradicate wage arrears, make every effort to solve the problem of people’s "urgent difficulties and worries", and constantly meet the people’s yearning and needs for a better life, so that workers can feel the power and temperature of the rule of law in every case of recourse to wage arrears disputes, forming a big pattern of protecting the legitimate rights and interests of workers.
Second, strengthen multi-measures and establish a "fast track" to eradicate wage arrears.The dispute over unpaid wages is related to the maintenance of workers’ survival interests, and it is of great significance to ensure the rapid realization of their interests. All departments should base themselves on their own functions to ensure timely and efficient handling of disputes over unpaid wages. The people’s courts constantly improve the green channel of quick establishment, quick trial and quick execution of cases of wage arrears for migrant workers, so as to ensure that workers can cash in their winning rights in time. In the case of 114 migrant workers such as Wang v. Yu and other labor contract disputes, the people’s court completed the execution within 20 days; In the case of 10 people, including Yin Mou, suing a unit for labor contract dispute, the people’s court made full use of payment order, people’s mediation and judicial confirmation mode to effectively fulfill the legitimate rights and interests of workers. Make full use of the achievements of the "Smart Court" to build an online litigation platform, effectively respond to the urgent needs of the parties for litigation convenience and efficiency through digital empowerment, and at the same time strengthen the offline litigation guidance for the parties who do not master the use of the online platform to safeguard the legitimate rights and interests of the parties in an all-round way. In the dispute case of 11 migrant workers’ unpaid wages, such as Yan, the trade union mediator quickly resolved the dispute through online and offline mediation. In the case of 48 people, such as Li, suing a manufacturing company for recourse to labor remuneration disputes, the labor and personnel dispute arbitration institution quickly ruled the case through the quick adjudication tribunal of migrant workers’ wage disputes, and effectively protected their legitimate rights and interests in a timely manner.
Third, actively perform their duties, based on the "forefront" of radical wage arrears.Adhere to and develop the "Fengqiao experience" in the new era, deepen the concept of "grasping the front end and preventing diseases", extend the "adjustment" of the docking of litigation and mediation, and resolve contradictions and disputes at the grassroots level and in the bud. The Supreme People’s Court, together with the Ministry of Human Resources and Social Security and the All-China Federation of Trade Unions, continued to promote the docking of online litigation and mediation, realizing the systematic and normal docking of dispute resolution methods inside and outside litigation, and meeting the diverse dispute resolution needs of workers and employers conveniently and efficiently. In the case of nine migrant workers’ unpaid wages disputes, such as Xiao Mou, the integrated base of workers’ legal services brings together the functions of mediation, legal aid, arbitration and litigation of trade unions, courts, judicial administration, human resources and social security departments, and creates a "Maple Bridge" mechanism in the field of labor relations to carry out the source management of labor disputes. In the case of a real estate project contractor’s dispute over unpaid wages, the local Federation of Trade Unions took the initiative to intervene in advance after discovering the clues of unpaid wages through the 12351 hotline, and coordinated the enterprises to pay wages in full with the competent departments of the industry. In the case of 114 migrant workers, such as Wang, v. Yu, and other labor contract disputes, the people’s court actively participated in comprehensive social governance through judicial advice in response to the problems found in the trial that enterprises did not implement the wage guarantee system. In the case of bankruptcy liquidation and reorganization of an equipment company, the people’s court and the administrative department of human resources and social security held a special job fair for employees of bankrupt enterprises to properly solve the resettlement problem of 235 employees.Adhere to the non-litigation dispute resolution mechanism in the front, actively promote the source governance and diversified solutions of wage disputes, and promote the establishment of a long-term mechanism to eradicate wage arrears through source governance.
Fourth, clarify the rules of adjudication and establish a "wind vane" to eradicate unpaid wages.Give play to the exemplary role of typical cases, cultivate the conscious awareness of law-abiding usage of employers and workers, and guide the parties to form reasonable litigation expectations and rationally safeguard their rights according to law. In view of the weak ability of collecting evidence and the lack of awareness of retaining evidence, it is clear that the employer has the burden of proof on the payment of wages of workers, and the evidence obtained by labor security supervision institutions according to law can be used as arbitration evidence. Clarify the main body responsible for paying off wages in the construction field and better protect the wage rights and interests of migrant workers. In the case of labor contract disputes such as Lu Mou v. Liu Mou and a construction company, the people’s court ordered the individual who contracted the labor service project and the construction unit allowed to "link" to share the responsibility for paying the wages of migrant workers, which was conducive to forcing the construction unit to participate in construction activities according to the law and regulations, and effectively reducing the occurrence of "linking" behavior. Actively respond to the new working methods under the digital economy, standardize the new payment methods, clarify that employers should negotiate with workers to change the payment methods of wages, and establish rules for determining online overtime pay to ensure that workers get paid in full and on time.
The interests of the people’s livelihood are no small matter, and one branch and one leaf are always related to the situation. In the next step, the Supreme People’s Court, the Ministry of Human Resources and Social Security and the All-China Federation of Trade Unions will go all out to promote the implementation of the work of eradicating wage arrears, unblock channels for safeguarding rights, firmly grasp the bottom line of people’s livelihood, earnestly safeguard the legitimate rights and interests of workers, and contribute to high-quality economic development and social harmony and stability.
Case catalogue
Case 1: The government and the hospital cooperate to achieve "win-win" in solving wage arrears and promoting employment.
— — Bankruptcy liquidation to reorganization of an equipment company
Case 2: Promoting the Source Governance of Wage Disputes with Judicial Suggestions
— — 114 migrant workers, including Wang, v Yu, an engineering technology company, an electrical appliance company and a city highway corporation.
Case 3: "payment order+mediation" to build a "fast lane" for workers to protect their rights
— — Ten people, including Yin Mou, sued a unit for labor contract dispute.
Case 4: The affiliated construction unit should bear the responsibility of paying off the unpaid wages caused by the affiliated construction.
— — Lumou v. Liu, a construction company and a real estate company (labor contract dispute case)
Case 5: The employer should negotiate with the employee to change the payment method of wages.
— — Yang v a training center (labor dispute case)
Case 6: Online overtime pay should be determined in combination with factors such as overtime frequency, duration, salary standard and work content.
— — Li v a cultural media company.
Case 7: The employer bears the burden of proof for the wage payment of migrant workers.
— — Tangmou v. a construction labor service company (case of dispute over recourse for labor remuneration)
Case 8: Evidence obtained by labor security supervision institutions according to law can be used as arbitration evidence.
— — Lai Mou v. a real estate company for recourse to labor remuneration.
Case 9: Play the role of multiple handling mechanisms to resolve collective labor disputes.
— — 48 people, including Li, sued a manufacturing company for a dispute over recourse to labor remuneration.
Case 10: Trade unions actively coordinate procuratorial organs to support prosecution and help workers safeguard their rights.
— — Fourteen people, including Niu Mou, v. a catering company.
Case 11: Multi-departments work together to resolve disputes over unpaid wages.
— — Xiao Mou and other nine migrant workers’ disputes over unpaid wages
Case 12: the docking of "court+trade union" litigation and mediation promotes the substantive resolution of contradictions and disputes
— — Yan and other 11 migrant workers’ unpaid wages dispute case
Case 13: Give full play to the function of 12351 hotline to safeguard the legitimate rights and interests of workers.
— — A dispute over unpaid wages of a real estate project contractor
Case 1
Government-hospital linkage to achieve "win-win" in solving wage arrears and promoting employment.
— — Bankruptcy liquidation to reorganization of an equipment company
Basic facts
An equipment company is in financial trouble, with a debt scale exceeding 800 million yuan, involving more than 410 creditors. In July 2022, the people’s court ruled to accept the creditor’s application for bankruptcy liquidation of an equipment company. By the time of bankruptcy acceptance, there were still 235 registered employees in an equipment company, who had been in arrears for seven months and unpaid social insurance premiums for a long time, resulting in difficulties for employees and unable to enjoy basic medical insurance benefits.
Referee result
Considering the large number of employees of an equipment company and the long time of unpaid wages, the trial court, while guiding the manager to appease the employees’ emotions and stepping up the verification of creditor’s rights, actively strived for the emergency security fund for unpaid wages to fully advance the unpaid wages of more than 5.5 million yuan, relying on the linkage mechanism between the government and the hospital. The trial court led the human resources and social security department to hold a special job fair at the same time, and exported the technical talents, skilled workers and other talent resources of an equipment company to other enterprises in the same industry to help employees re-employment. The on-site intention signing rate exceeded 50%, basically solving the problem of resettlement of 235 employees.
Typical significance
Bankruptcy procedure can realize the redistribution of resources, and improve the rescue and withdrawal mechanism of socialist market subjects through the survival of the fittest of enterprises. Article 27 of the Minutes of the National Court Bankruptcy Trial Work Conference stipulates: "Enterprise Bankruptcy and the Protection of Workers’ Rights and Interests. In bankruptcy proceedings, we should properly handle labor relations in accordance with the law, promote the improvement of the protection mechanism for employees’ unpaid wages, and protect employees’ right to exist in accordance with the law. The employee’s creditor’s rights advanced by a third party shall, in principle, be paid off according to the nature of the employee’s creditor’s rights advanced; Those paid in advance by the back pay protection fund shall be paid in the order of Item 2, Paragraph 1, Article 113 of the Enterprise Bankruptcy Law. The housing provident fund owed by the debtor shall be paid off according to the nature of the wages owed by the debtor. " In this case, the people’s court properly handled labor relations in accordance with the law, promoted the improvement of the protection mechanism for employees’ unpaid wages, and protected employees’ right to subsistence in accordance with the law. For eligible bankrupt enterprises, the people’s courts actively coordinate the advance payment of employees’ creditor’s rights by the wage protection fund, and timely solve the long-standing problem of employees’ wages in bankrupt enterprises. At the same time, the re-employment of employees in bankrupt enterprises is closely related to their subsequent living security. The people’s courts give full play to the advantages of the linkage mechanism between the government and the hospital, effectively solve the problem of wage arrears and resettlement of employees in bankrupt enterprises, continue to play the social value of technical talents, and promote social and economic development.
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Promoting the source management of wage disputes with judicial advice
— — 114 migrant workers, including Wang, v Yu, an engineering technology company, an electrical appliance company and a city highway corporation.
Basic facts
An engineering technology company, an electrical appliance company and a city highway corporation voluntarily formed a consortium to win the bid for the traffic engineering project, with an engineering technology company as the lead unit. Yu subcontracted some construction projects from an engineering technology company. During the construction process, Yu hired 114 migrant workers such as Wang to provide labor services, and Yu owed a total of 3,404,085 yuan to Wang and others. Wang and others filed a lawsuit for long-term unpaid wages, demanding that Yu, an engineering technology company, an electrical appliance company and a city highway corporation pay the remaining wages of more than 2.8 million yuan.
Referee result
The trial court held that Yu Mou hired 114 migrant workers, including Wang Mou, to work on its contracted projects, and there was a labor contract relationship between the two parties. After Wang Mou and others completed the construction according to the contract, Yu Mou should pay the wages to Wang Mou and others in full. An engineering technology company, an electrical appliance company and a city highway corporation voluntarily formed a consortium, and an engineering technology company as the lead unit illegally subcontracted the project involved to Yu, who did not have the qualification of employment subject, and should be jointly liable for paying off the wages owed by Yu, and decided that Yu, an engineering technology company, an electrical appliance company and a city highway corporation should jointly pay wages to Wang and others. The wages of 114 migrant workers were fully implemented within 20 days. The trial court issued a judicial suggestion to the administrative department in view of the illegal act of not storing the wage deposit of migrant workers according to law reflected in this case. After receiving the suggestion, the administrative department attached great importance to it and responded in time, and achieved good results.
Typical significance
Wage is an important livelihood guarantee for migrant workers. Ensuring the wage payment of migrant workers is not only related to the vital interests of the vast number of migrant workers, but also related to social fairness, justice, harmony and stability. In this case, the people’s court used the integrated dispute resolution mechanism of "legislation+trial+enforcement" to order the winning consortium to jointly bear the responsibility of paying off the wages owed to migrant workers, and all of them were implemented within 20 days, effectively fulfilling the legitimate rights and interests of more than 100 migrant workers. The first paragraph of Article 32 of the Regulations on the Protection of Wage Payment for Migrant Workers stipulates: "The general construction contractor shall store the wage deposit in accordance with relevant regulations, which shall be used exclusively to pay the wages owed by migrant workers who provide labor for the contracted projects." In the course of trial, the people’s court found that the enterprise had violated the law, and gave full play to the judicial initiative, participated in the "big article" of social governance with judicial suggestions, integrated judicial suggestions into the work of wage arrears management, urged the administrative organs to perform their duties according to law, and ordered the enterprises to timely store the wage guarantee for migrant workers according to law, thus boosting the work of source of complaint management. This case is based on source prevention and front-end governance. The people’s court actively connects with the administrative department, strengthens the joint efforts to resolve contradictions and disputes, properly resolves disputes over unpaid wages, and realizes the organic unity of political, legal and social effects.
Case 3
"Payment Order+Mediation" to Construct "Fast Track" of Workers’ Rights Protection
— — Ten people, including Yin Mou, sued a unit for labor contract dispute.
Basic facts
Ten people, including Yin Mou, are retired and re-employed, and they work in a certain unit after retirement. A unit did not fully pay the labor remuneration of 10 people including Yin, and the amount of unpaid wages ranged from several thousand yuan to tens of thousands of yuan, with a total amount of unpaid wages of more than 360,000 yuan. Ten people, including Yin Mou, sued a certain unit to pay the unpaid labor remuneration.
Referee result
The trial court held that a unit’s failure to pay labor remuneration on time constituted a breach of contract, and it should pay the arrears of labor remuneration to 10 people including Yin. In order to promote the on-site substantive resolution of contradictions and disputes and reduce the litigation burden of the parties, this series of cases confirmed the amount of labor remuneration paid by a certain unit by issuing a payment order to a certain unit by the trial court, "pre-litigation mediation+judicial confirmation" and litigation mediation.
Typical significance
The purpose of the supervision procedure stipulated by law is to simplify the procedure and stabilize social and economic relations as soon as possible. The supervision procedure is specially used to solve non-litigation cases in which the relationship between creditor’s rights and debts is clear and the debtor refuses to repay the debts without justifiable reasons. A payment order is an order made by the people’s court at the request of the creditor in the supervision procedure to ask the debtor to pay a certain amount of money or securities to the creditor. If the debtor fails to raise any objection within the statutory time limit, the payment order becomes effective, and the creditor may apply to the people’s court for compulsory execution; If the debtor raises a written objection within the statutory time limit, the payment order will be invalid. In this case, the people’s court issued a payment order, "pre-litigation mediation+judicial confirmation" and other measures, giving play to the advantages of simple and rapid supervision procedure, low mediation cost and good effect, and giving the mediation agreement legal enforcement effect with judicial confirmation, which effectively safeguarded the legitimate rights and interests of workers and met the people’s diversified judicial needs.
Case 4
The affiliated construction unit shall bear.Liabilities for paying back wages caused by "affiliated" construction.
— — Lumou v. Liu, a construction company and a real estate company (labor contract dispute case)
Basic facts
Guo and others borrowed the qualification of a construction company to sign a contract with a real estate company of the construction unit, stipulating that a real estate company would contract the civil engineering and installation projects involved to a construction company. Liu signed a labor construction agreement with Guo and others in the name of a labor service company. Liu hired Lu, a migrant worker, to work as a wall builder. Liu issued a salary debt of 8120 yuan to Lu. After Liu paid Lumou 3000 yuan, a construction company paid Lumou 1012 yuan, and still owed salary of 4108 yuan. A real estate company has paid the project cost to a construction company according to the proportion agreed in the contract. Lumou filed a lawsuit, requesting Liu and a construction company to jointly pay the unpaid wages, and a real estate company assumed the payment responsibility within the scope of unpaid project funds.
Referee result
The trial court held that a construction company was the construction unit involved in the case. Liu contracted some labor services, and Lu was hired by Liu to provide labor services. There is a labor contract relationship between Lu and Liu, and Liu should pay the salary owed to Lu of 4,108 yuan. According to the second paragraph of Article 36 of the Regulations on the Protection of Wage Payment for Migrant Workers, a construction company allows Guo and others to undertake construction projects in the name of the company, and should be liable for the arrears of wages of migrant workers Lu. As a construction unit, a real estate company has contracted the project to a construction company, and has paid the project payment according to the contract, so it should not bear the responsibility of liquidation. Liu and a construction company were ordered to pay Lu’s unpaid wages.
Typical significance
The Regulations on the Protection of Wage Payment for Migrant Workers stipulates the wage arrears in the field of engineering construction in the form of a special chapter, which provides special protection for migrant workers to get their wages on time and in full. Laws and regulations clearly stipulate that the affiliated behavior is prohibited in the field of engineering construction. Paragraph 2 of Article 36 of the Regulations on the Protection of Wage Payment for Migrant Workers stipulates: "The construction unit allows other units and individuals to undertake construction projects in the name of the construction unit, and if the wages of migrant workers are in arrears, the construction unit will pay them off." In this case, the people’s court accurately applied the laws and regulations, and ordered the individual who contracted the labor service project and the affiliated construction unit to jointly bear the repayment responsibility if the construction unit lent the qualification and allowed other units or individuals to contract the project in the name of the construction unit, so as to avoid the risk of each party passing the buck, which not only clarified the rules for determining the main body of the repayment responsibility for the arrears of migrant workers’ wages in the case of illegal affiliation, but also helped to force the construction unit to participate in construction activities according to laws and regulations, and effectively regulate the behavior of project construction, labor and employment.
Case 5
The employer should negotiate with the laborer to change the payment method of wages.
— — Yang v a training center (labor dispute case)
Basic facts
A training center pays wages to Yang through bank transfer, WeChat transfer or Alipay transfer. After that, a training center paid wages to Yang through a shopping platform, and Yang could only extract some wages from a shopping platform in proportion. Yang believes that a training center has illegal acts such as paying wages through a shopping platform without its consent and not paying wages in full, and applies for labor dispute arbitration. After Yang refused to accept the arbitration award, he asked a training center to pay the wages of 14,981.76 yuan that were not paid in full.
Referee result
The trial court held that, in view of the fact that Yang’s monthly paid salary was lower than his due salary through a shopping platform, a training center should reach an agreement with Yang on changing the payment method. Yang can’t get his salary in full through a shopping platform. He has repeatedly indicated to a training center that he doesn’t want to pay his salary through a shopping platform. As an employer, a training center has the obligation to pay the laborers in full and on time, and ordered a training center to make up Yang’s salary difference.
Typical significance
The employing unit has the legal obligation to pay the workers wages in full and on time. In recent years, with the development of economy and society, some employers choose to pay wages through third-party software or online platforms, which makes it inconvenient for workers to withdraw their wages, and even deducts some expenses, which objectively leads to the decrease of workers’ income level. As a relatively weak party in labor relations, workers can’t choose the payment method of labor remuneration by themselves. This case makes it clear that the employer should negotiate with the laborer to change the payment method of wages, and should not violate the mandatory legal provisions; If the income of workers decreases due to the employer’s reasons, the employer has the obligation to pay the unpaid wages and other rules to guide the employer to exercise its business autonomy according to law and comprehensively safeguard the legitimate rights and interests of workers.
Case 6
Online overtime pay should be determined in combination with factors such as overtime frequency, duration, salary standard and work content.
— — Li v a cultural media company.
Basic facts
Li joined a cultural media company in April 2020 as the director of short video operation. The two sides signed a labor contract from April 8, 2020 to April 7, 2023, and agreed on a three-month probation period. The salary standard for the probation period is 20,000 yuan per month. During his tenure from April 8, 2020 to May 28, 2020, Li completed the work of restoring the design scheme and improving the scheme during non-working hours. On May 28, 2020, a cultural media company terminated the labor relationship on the grounds that Li’s probation did not meet the employment conditions, and did not pay Li’s overtime pay. Li believes that a cultural media company has failed to pay overtime and other illegal acts and applied for labor dispute arbitration. Later, Li refused to accept the arbitration award and asked a cultural media company to pay 19,670.5 yuan for overtime and 26,331 yuan for weekends.
Referee result
The trial court held that the amount of overtime pay should be determined based on the working conditions of the workers, the business characteristics of the employer and the standard of remuneration payment. Because Li’s work does not need to be completed in the employer’s workplace, and the working hours are scattered, it is difficult to quantify attendance and make scientific statistics. According to the WeChat content submitted by Li, the attendance time and salary standard of the company, the trial court determines a cultural media company to pay 10,000 yuan for delayed overtime. According to the content of WeChat, it was determined that Li had three days off to work, and a cultural media company was ordered to pay overtime pay of 5,517.24 yuan on rest days.
Typical significance
"Online overtime" occurs in non-working hours and non-working places, and the work arrangement and achievement submission are shifted from offline to online, which has the characteristics of household and fragmentation. Different from the traditional overtime work in the employer, it is difficult for the employer to supervise and manage the workers in real time, and it is difficult for the workers to prove their overtime hours. In this case, when the people’s court determines the overtime pay for "online overtime", it takes the rest time occupied by the labor provided by the laborer as the determination standard, comprehensively considers the overtime frequency, duration, salary standard and work content of the laborer, and determines the overtime pay of the laborer as appropriate to protect the legitimate rights and interests of the laborer according to law.
Case 7
The employer bears the burden of proof for the wage payment of migrant workers.
— — Tangmou v. a construction labor service company (case of dispute over recourse for labor remuneration)
Basic facts
Tang signed a written labor contract with a construction labor service company, and his job was carpentry. After Tang was injured at work, he was identified as a work-related injury and was rated as disabled. Because of the dispute between the two sides over the salary payment of Tang’s injured month, Tang applied to the Labor and Personnel Dispute Arbitration Committee for arbitration and asked a construction labor service company to pay his salary for the injured month.
Adjudication result
The Labor and Personnel Dispute Arbitration Commission believes that Article 6 of the Law of People’s Republic of China (PRC) on Labor Dispute Mediation and Arbitration stipulates that "in case of labor dispute, the parties have the responsibility to provide evidence for their own claims. If the evidence related to the disputed matter belongs to the management of the employer, the employer shall provide it; If the employer does not provide it, it shall bear the adverse consequences ".Article 50 of the Regulations on the Protection of Wage Payment for Migrant Workers stipulates that" there is a dispute between migrant workers and the employer on wage arrears, and the employer shall provide materials such as labor contracts, employee rosters, wage payment ledgers and lists kept by them according to law; If it is not provided, it will bear the adverse consequences according to law. " Although a construction labor service company claimed that Tang only worked for more than ten days in the month when he was injured and had settled his salary, it failed to provide relevant evidence such as salary payment ledger and list, so it should bear the adverse consequences of failing to provide evidence. Therefore, it was determined that Tang was full-time in the month when he was injured (the day when Tang was injured was the last day of the month), and according to the daily salary standard of Tang, it was awarded that a construction labor service company paid Tang more than 5,000 yuan in the month when he was injured.
Typical significance
China’s labor law regards the protection of the legitimate rights and interests of workers as one of the legislative purposes, and fully considers the actual situation that workers, especially migrant workers, lack the ability to provide evidence in relevant regulations. In labor dispute cases, the wage payment ledger and list are the important basis for determining whether the employer has fulfilled its wage payment obligations according to law. Article 15 of the Regulations on the Protection of Wage Payment for Migrant Workers stipulates that "the employer shall prepare a written wage payment ledger according to the wage payment cycle and keep it for at least 3 years. The written wage payment ledger shall include the name of the employer, the payment period, the date of payment, the name of the payer, ID number, contact information, working hours, the items and amount of wages to be paid, the items and amount of wages to be withheld, remitted and deducted, the amount of wages actually paid, and the bank’s payroll voucher or the signature of migrant workers. When an employer pays wages to migrant workers, it shall provide a list of the wages of migrant workers themselves. " The employer shall strictly implement the above requirements, compile and keep the ledger and list of migrant workers’ wages, clearly record the working hours, salary items and amounts, and avoid the adverse consequences of failing to provide evidence in the process of labor dispute arbitration and litigation.
Case 8
The evidence obtained by the labor security supervision institution according to law can be used as arbitration evidence.
— — Lai Mou v. a real estate company for recourse to labor remuneration.
Basic facts
A real estate company defaulted on Lai’s salary, and the local labor security supervision brigade urged him to pay some of Lai’s salary by interviewing the person in charge of the company. Lai disagreed with the amount of wages paid and applied to the Labor and Personnel Dispute Arbitration Committee for arbitration, demanding that a real estate company pay the rest of the wages.
Adjudication result
The Labor and Personnel Dispute Arbitration Committee believes that Article 3 of the Regulations on the Protection of Wage Payment for Migrant Workers stipulates that "migrant workers have the right to receive wages in full and on time. No unit or individual may default on the wages of migrant workers. " The labor and personnel dispute arbitration commission, after hearing in court and combining with the investigation record of the labor security supervision brigade, determined the amount of wages paid, and ruled that a real estate company paid Lai a salary of more than 5,000 yuan.
Typical significance
Labor security supervision and labor and personnel dispute arbitration are all legal channels for workers to safeguard their rights. Strengthening the cooperation and cooperation of the institutions performing their functions is of positive significance for giving full play to the advantages of administrative law enforcement of labor security supervision and the quasi-judicial role of labor and personnel dispute arbitration, improving the convenience of migrant workers’ rights protection and solving the problem of difficult wages. The Notice of the Ministry of Human Resources and Social Security, the Supreme People’s Court and other five departments on Implementing the Action of "Protecting Wages" (No.80 [2019] issued by the Ministry of Human Resources and Social Security) stipulates that "according to the characteristics and advantages of labor dispute arbitration and labor security supervision, and according to the principle of helping to safeguard the legitimate rights and interests of migrant workers in a timely and effective manner, migrant workers should be guided to rationally choose their rights protection methods according to law. Arbitration institutions should strengthen coordination and cooperation with labor security supervision institutions, and improve the linkage working mechanism such as information sharing, mutual recognition of facts, situation consultation and coordinated disposal "; The Notice of the General Office of the Ministry of Human Resources and Social Security on the Special Action for the Construction of a Quick Adjudication Tribunal for Migrant Workers’ Wage Disputes (No.69 [2023] of the Ministry of Human Resources and Social Security) stipulates that "the facts that have been identified by the administrative handling opinions of the labor security supervision institutions shall be recognized by the Quick Adjudication Tribunal except that the parties have applied for administrative reconsideration and filed an administrative lawsuit", which puts forward clear requirements for promoting the construction of a joint working mechanism between the two institutions. Labor security supervision institutions at all levels and labor and personnel dispute arbitration institutions should base themselves on their functions and responsibilities.According to the needs of migrant workers’ rights protection and the practice of handling cases, we should constantly innovate the linkage model to better safeguard the rights and interests of migrant workers’ labor remuneration.
Case 9
Give full play to the role of multiple handling mechanisms to resolve collective labor disputes
— — 48 people, including Li, sued a manufacturing company for a dispute over recourse to labor remuneration.
Basic facts
Due to operational difficulties, a manufacturing company owed wages to Li and other 48 workers, and negotiated with some workers to terminate the labor contract, which led to the intensification of contradictions between the two sides. Li and others applied to the Labor and Personnel Dispute Arbitration Committee for arbitration, demanding that a manufacturing company pay wages and economic compensation.
Treatment result
The labor and personnel dispute arbitration commission, the court, the trade union, the judiciary, the letters and visits and other departments where the case is located have established a "five-party joint mediation mechanism" based on their statutory functions, and carried out the work of preventing and resolving contradictions and disputes in a normal way. The District Federation of Trade Unions solicited the opinions of workers, coordinated the provision of multiple matching jobs, and took the lead in prompting 12 applicants to withdraw their lawsuits. The labor and personnel dispute arbitration commission insists on mediation first, and communicates with both parties for many rounds to solve doubts and doubts about the focus of the dispute; The Bureau of Justice sends lawyers to participate in mediation, understand the needs of workers and provide professional advice. In the end, 32 workers signed a mediation agreement with a manufacturing company, and the labor and personnel dispute arbitration commission made a mediation book on the spot. A manufacturing company paid wages and economic compensation on the spot totaling 1.83 million yuan. For the four workers who did not sign the mediation agreement, the Labor and Personnel Dispute Arbitration Committee opened a "green channel" for the quick settlement of wage disputes of migrant workers to effectively protect their legitimate rights and interests in a timely manner.
Typical significance
Collective labor disputes involve a large number of workers and have great social influence, and the handling effect is directly related to the harmony of labor relations and social stability. In recent years, all localities have actively explored and constantly improved the multi-disciplinary handling mechanism of labor disputes led by Party committees, responsible by the government, led by human resources and social security departments and participated by relevant departments, and supported by judicial guarantee and science and technology, so as to give full play to the advantages of departments and form a joint force of mediation. Various departments can get to know the demands and problems of the parties at the first time through the multi-handling mechanism of labor disputes, and reduce repeated communication and departmental links, which has played a positive role in preventing and resolving the risks of labor relations, safeguarding the legitimate rights and interests of workers, and promoting the rapid and flexible resolution of contradictions and disputes.
Case 10
Trade unions actively coordinate procuratorial organs to support prosecution and help workers safeguard their rights.
-14 people, including Niu Mou, v. a catering company for the dispute over recourse to labor remuneration.
Basic facts
Fourteen people, including Niu Mou, are migrant workers and worked in a catering company around January 2021. In May 2021, a catering company failed to settle the labor remuneration of Niu and others after it closed down. In September of the same year, Niu and others sought help from the Federation of Trade Unions in the district where a catering company was located. The District Federation of Trade Unions appoints staff legal aid lawyers to provide legal aid and file labor dispute arbitration on their behalf. Because the main evidence is electronic evidence, the source and authenticity are difficult to be fixed, and the request of Niu and others has not been supported by the Labor and Personnel Dispute Arbitration Commission. After evaluating the case, the District Federation of Trade Unions thought that the lack of proof ability of the workers led to the loss of the case, and it was difficult to investigate and collect evidence only by trade union lawyers. Therefore, it actively coordinated and contacted the procuratorial organs to start the civil support prosecution mechanism.
Treatment result
The procuratorate, together with the District Federation of Trade Unions, went to the company that kept the electronic evidence to investigate and collect evidence to verify the authenticity of the key evidence of the case. After obtaining the key proof and fixing the evidence, the procuratorial organ issues a supporting indictment to the trial court, and the evidence obtained to support the prosecution investigation is submitted to the trial court together with the supporting indictment. Because the key evidence was verified and fixed, the judgment of the trial court supported the claim of Niu and others.
Typical significance
As a vulnerable group, workers often face difficulties in safeguarding their rights and interests, such as insufficient awareness of their rights protection and weak ability to collect evidence. Trade unions have the functions of carrying out labor legal supervision according to law and providing legal aid to workers. In this case, after receiving the workers’ help information, the trade union immediately assigned an aid lawyer to provide legal aid to help the workers recover their labor remuneration. Faced with the problem of obtaining evidence, the trade union actively coordinated, started the cooperative working mechanism of "trade union+procuratorial organ" to ensure the labor rights and interests of employees, and contacted the procuratorial organ to support the prosecution. Procuratorial organs exercise the right of investigation and verification to assist workers in collecting and fixing evidence and put forward opinions in support of prosecution. The legal rights and interests of workers are fully protected through the organic linkage of legal aid for trade union workers, labor legal supervision and prosecution function supported by procuratorial organs according to law.
Case eleven
Multi-department cooperation to resolve disputes over unpaid wages
── Xiao Mou and other nine migrant workers’ disputes over unpaid wages.
Basic facts
A decoration company signed a contract with a decoration company for construction and decoration projects. A decoration company recruited a number of migrant workers to carry out construction, but due to the problem of capital turnover, it owed wages to nine migrant workers, including Xiao Mou. Xiaomou and others, as representatives, went to a town worker legal service integration base to reflect problems and seek help.
Treatment result
According to the division of responsibilities of the integrated base departments of workers’ legal services, after accepting the case, the Labor Law Supervision Committee of a certain town Federation of Trade Unions started the "Maple Bridge in the Park" mechanism to inform the town government, the judicial office, the labor security office and the people’s mediation committee of the case at the first time. Subsequently, the Labor Law Supervision Committee of the Town Federation of Trade Unions appointed the labor law supervisor of the trade union to investigate and collect evidence on the situation reflected by the migrant workers, verify the relevant situation, and issued a Letter of Prompt for Labor Law Supervision of the Trade Union to a decoration company, reminding it to abide by labor laws and regulations. The Town Federation of Trade Unions, in conjunction with the Town Judicial Office, the Labor Security Institute and the People’s Mediation Committee, organized many consultations among relevant parties, and finally urged the parties to reach a settlement, and the migrant workers have received their wages.
Typical significance
The integrated base of legal service for employees is based on the establishment of legal aid office, mediation studio, labor dispute arbitration tribunal and labor court, and integrates the functions of mediation, legal aid, arbitration and litigation of trade unions, courts, judicial administration, human resources and social security departments, and mainly provides employees with "integrated, one-stop" legal services. The base has solved the problems of single channel for resolving contradictions and disputes in the past, which is conducive to solving contradictions and disputes nearby and quickly. Local trade unions and multi-departments jointly promote the construction of an integrated base for workers’ legal services, create a "Maple Bridge in the Park" mechanism in the field of labor relations, and strive to achieve "small things don’t leave the enterprise, big things don’t leave the park, and contradictions don’t turn over", so as to resolve labor disputes at the grassroots level and solve them in the bud. In this case, the worker’s legal service integration base started the mechanism of "Maple Bridge in the Park" in time, and the trade union issued a Prompt Letter of Labor Law Supervision to the enterprise in time, guiding the parties to know the law, use and abide by the law, actively fulfilling their legal responsibilities, and cooperating with many parties to recover the arrears of wages for migrant workers in time through mediation, thus realizing the substantive settlement of disputes.
Case 12
The docking of "court+trade union" litigation and mediation promotes the substantive resolution of contradictions and disputes
── A dispute over unpaid wages of 11 migrant workers, including Yan.
Basic facts
Eleven migrant workers, including Yan, undertook paint work in the maintenance and renovation project of the contractor Shang. After the completion of the project, Shangmou owed Yan and others a salary of more than 60,000 yuan. Yan and others have repeatedly asked Shangmou to pay wages, and Shangmou has refused to pay for various reasons. Yan and others went to a county "court+trade union" to appeal to the docking studio for help.
Treatment result
After the trade union mediator learned that Shang had been detained by the people’s court for failing to perform the judgments of other cases, he immediately communicated with the people’s court and prompted Shang to issue a repayment plan for the case to the people’s court. After mediation by the trade union mediator, eight migrant workers, including Yan, reached an agreement with Shang on the spot and signed it. Because the other three migrant workers are in the field, the trade union mediator organized the parties to reach an agreement through the online mediation platform of the court. After the mediation agreement was reached, the people’s court made judicial confirmation of the mediation agreement in time. At present, the mediation agreement has been fulfilled.
Typical significance
Trade unions fully perform the function of resolving contradictions and disputes in labor relations, and the joint people’s court actively creates a coordinated, convenient and efficient "court+trade union" docking mode, effectively realizing one-stop acceptance, package mediation and full chain resolution. People’s courts strengthen the construction of information platform, and carry out online consultation, diversion, mediation, feedback and judicial confirmation of contradictions and disputes to ensure the smooth online circulation of cases and the sharing of information and data. In this case, the local trade union gave full play to its organizational advantages, listened carefully to the opinions and demands of the workers, found the "cut-off point" to solve the dispute, and settled the case through offline and offline mediation based on the court mediation platform, which fully demonstrated the advantages of "court+trade union" in docking and facilitating the people quickly, solved the troubles of pursuing unpaid wages for migrant workers, and made the people’s happiness and sense of acquisition more real and substantial.
Case 13
Give full play to the function of 12351 hotline and safeguard the legitimate rights and interests of workers
── A dispute over unpaid wages of a building contractor.
Basic facts
The hotline of 12351 service staff of a provincial Federation of Trade Unions received a call from Chen Mou, claiming that the construction site of a real estate project owed wages to more than 30 people, and hoped that the trade union would intervene in coordination and follow up to help employees recover the wages owed. The 12351 employee hotline platform timely distributed work orders to local trade unions, requiring them to be processed within a time limit.
Treatment result
After investigation and verification by the town Federation of Trade Unions where the enterprises involved are located, a construction company, the contractor of the real estate project, owes wages to more than 100 engineering decoration workers. After consultation with a construction company and workers by the town Federation of Trade Unions, human resources and social security, comprehensive management office, public security, community trade unions and other departments, a construction company paid the wages of 120 workers on the same day. The town Federation of Trade Unions, housing and construction departments and other departments jointly coordinated the follow-up unpaid wages and rights protection, and a construction company paid all the remaining wages.
Typical significance
12351 service hotline is an important channel for employees to safeguard their legitimate rights and interests. The 12351 employee hotline platform implements the unified answering of calls in the province, classified answers by lawyers and customer service, and work orders are assigned step by step, providing employees with 7×24 hours of service all year round. After employees put forward their demands to the 12351 hotline platform, the platform will distribute them to the organizer through the work order system, which will sign for them and handle them. The handling of work orders and the submission of results shall follow the principle of "territorial management, graded responsibility, who is in charge and who is responsible" and "combining legal, timely and on-the-spot problem solving with guidance and education". The organizer arranges a special person to coordinate the work order, settles it within the prescribed time limit, and implements a return visit system to ensure that the employees’ demands are responded in time. In this case, after receiving the complaint, the 12351 service worker hotline promptly handed it over to the local trade union for investigation and verification. Local trade unions coordinate relevant departments to do a good job in consultation and mediation of labor disputes, give play to the role of multi-sectoral linkage mechanism, safeguard the legitimate rights and interests of employees in a timely manner according to law, and maintain social harmony and stability.