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[Legal Report] How Public Legal Services Help Migrant Workers Get Arrears of Wages
Release time: 2020-01-16 08:36
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"Green Channel" recovers 27 million yuan in wages for 17,000 migrant workers

How public legal services help migrant workers get arrears of wages

★ One Netcom Office brings more convenience to salary

★ Labor contract census medical examination to safeguard rights according to law

★ "Zhongcaijin" project assisted with 21,000 salary cases

★ Timely access to legal services through three major platforms

Legal Daily Liu Ziyang

Legal aid is a rescue system established by the state to ensure that citizens in economic difficulties and parties to special cases receive unpaid legal services. It is an important livelihood project and has a fundamental and fundamental role in the construction of a public legal service system. Migrant workers are the largest recipient group of legal aid.

The Party Central Committee and the State Council attach great importance to guaranteeing the payment of wages for migrant workers, and leading comrades of the Central Committee have repeatedly issued important instructions. In June 2019, the China Office and the State Office issued the "Opinions on Accelerating the Construction of the Public Legal Service System", which clearly stated that the work of farmers should be a key target of public legal services.

The reporter of "Legal System Daily" recently learned from the Ministry of Justice that the Ministry of Justice regards the elimination of wages owed to migrant workers as an important political task and has been included in one of the "six practical things" that the Ministry of Justice serves the people. The "green channel for migrant workers to owe help" was promoted with effective measures to safeguard the legitimate rights and interests of migrant workers. Judicial administrative organs in various places have strengthened source prevention and lowered the threshold of legal aid according to the characteristics of migrant worker groups. They have made every effort to apply for, accept, approve and assign lawyers to provide legal aid on the same day, and go all out to bring convenience to migrant workers to discuss their salary.

"One Netcom Office" for Migrant Workers' Wages

On May 21, 2019, Mr. Liu reflected the problem of wage arrears for 110 workers in an industrial park project in Nanjing, Jiangsu, through the China Legal Service Network "Green Path for Migrant Workers' Wages for Help".

After receiving the help information, the Ministry of Justice immediately forwarded it to the local legal aid agency for legal aid. At the same time, coordinate the Ministry of Human Resources and Social Security to provide support. The Human Resources and Social Security Department filed an application with the public security organs on the grounds that the engineering contracting company was suspected of failing to pay labor compensation. The public security organs filed a case with the company's legal representative, and the problem of wage arrears was finally resolved.

Mr. Liu's timely access to legal aid is a microcosm of the Ministry of Justice's "Green Channel for Migrant Workers' Help for Migrant Workers" to serve migrant workers. It is also a useful attempt for legal aid agencies to work closely with labor inspection and other departments to jointly safeguard the rights and interests of migrant workers.

On May 20, 2019, the Ministry of Justice opened the “Green Channel for Migrant Workers' Wages for Help” on the China Legal Service Network. According to the characteristics of the migrant worker group, it set up legal consultation, seeking legal assistance, problem reflection, clue reflection, and querying laws and regulations. 5. Finding typical cases, exposing blacklists and other functions and services, and realizing the “one-net-community office” for migrant workers' arrears.

"Friends of migrant workers can conduct legal consultations, find legal aid agencies, understand relevant legal regulations and judicial decisions, and can also reflect difficulties and problems encountered in the process of applying for legal aid." Public Legal Service Administration of the Ministry of Justice Deputy Director Shi Hansheng said that a major feature of the "green channel" is speed. Migrant workers who encounter wage arrears can not only directly reflect the wage arrears they encounter, they can also seek help through legal advice.

The Ministry of Justice has set up a special class of "green channel" work, which is responsible for the inspection and registration of problem clues, disposal and transfer, and follow-up feedback.

"When salary-seeking migrant workers do not have online consultation or want to apply for legal aid but cannot get started, as long as they leave basic information such as phone numbers and facts of arrears of wages, they can get online feedback from the" Green Channel "working staff. Received a call from a legal aid agency to get help from an aid lawyer, "Shi Hansheng told reporters.

As of December 31, 2019, the "Green Channel" had accumulatively visited 1,992 person-times, including 4,560 person-times for salary consultations, and the problem reflected 2,135 person-times, involving more than 17,500 migrant workers, helping to recover more than 27 million yuan in arrears. More than a dozen provinces such as Jiangsu, Anhui, and Henan have also opened provincial-level "green channels" on the province's legal service network, bringing more convenience and cost savings to migrant workers.

Multi-pronged approach to migrant workers no longer "worry about salary"

A labor contract is an important means of protecting legitimate rights and interests. When signing a labor contract, what issues should migrant workers pay attention to?

The Ministry of Justice adheres to the governance concept of "proactive, preventive, and full coverage". In response to the irregular signing of labor contracts for migrant workers and the difficulty of obtaining evidence and safeguarding their rights, the Ministry of Justice carried out labor contract surveys and physical examinations throughout the country in the first half of last year.

According to Shi Hansheng, the grassroots county and district judicial bureaus organized lawyers, legal aid personnel, etc. to actively cooperate with human and social departments to deepen labor employment and engineering construction territories, conduct a comprehensive medical examination of labor contract signing, and troubleshoot problems existing in contract signing and labor employment. In particular, in the case of violations of laws and regulations, preaching laws and regulations on labor disputes and protecting the rights and interests of migrant workers, helping the majority of enterprises to enhance their awareness of respecting the law and abiding by the law, and allowing more migrant workers to learn to safeguard their rights in accordance with the law.

From May to June 2019 alone, Beijing, Sichuan, Jiangxi, Heilongjiang and other 11 provinces and cities held more than 3,000 forums, visited more than 200,000 companies, investigated nearly 3 million labor contracts, and sorted out more than 110,000 problems. Guided the handling of more than 50,000 legal aid cases for migrant workers. Among them, Sichuan Province has established 64,000 enterprise legal medical examination and service files, and Beijing, Zhejiang, and Chongqing have recovered 380 million yuan in wages for migrant workers.

Eradicating wage arrears for migrant workers requires joint efforts to form a joint effort. Zhang Jianhua, secretary general of the China Legal Aid Foundation, said that since the implementation of the Central Special Lottery Public Welfare Legal Aid Project in 2009, it has targeted migrant workers, the disabled, the elderly, women, and minors as its service targets and has actively carried out legal aid work. Over the past 10 years, the project has invested 936 million yuan.

In 2019, the "Zhongcaijin" legal aid project funded the processing of 21,000 cases of migrant workers' recovery of arrears of wages, involving about 38,000 migrant workers, and recovered arrears of wages of 860 million yuan. A migrant worker recovered more than 22 thousand yuan in arrears.

Get through the "last mile" of legal services

How to provide migrant workers with full-service, all-time public legal services, and open up the "last mile" of legal services?

Judicial administrative agencies in all regions rely on public legal service entities, hotlines, and online platforms to achieve full coverage of online application for legal aid cases, one-stop services on the entity platform, and legal aid consultation, and continuously improve the sense of gain of migrant workers.

Guangdong, Sichuan, Yunnan, Guizhou and other places have opened migrant worker hotlines on the 12348 public legal service hotline platform, and Jiangsu, Zhejiang, Shaanxi and other places have set up contact points and consultation points in migrant worker gathering places to facilitate migrant workers' timely access to legal services.

The Ministry of Justice promotes the integrated development of public legal service entities, hotlines, and online platforms, prints and issues the List of Public Legal Service Matters, further improves the quality of legal services, and ensures that migrant workers and other groups receive basic public legal services free of charge; formulates and issues national criminal, civil, and administrative services Standardize legal aid service, deepen the activities of “legal aid to the people, help the migrant workers”, and jointly carry out the “respect for the law and abide by the law, build dreams together” with the National Federation of Trade Unions to provide legal services for migrant workers to provide legal aid services that meet standards. Protect the legitimate rights and interests of migrant workers in accordance with the law.

At the end of the year and the beginning of the year, wages for migrant workers entered a peak period. Judicial administrative agencies in various places have determined the period around the Spring Festival as a special rights protection season for migrant workers. On the premise of completing "prescribed actions" with high quality, combining local advantages and migrant worker characteristics, innovative work ideas and design "optional actions".

"In areas where migrant workers report more problems, the number of on-site lawyers on the 12348 public legal service hotline platform and the frequency of migrant workers' legal aid workstations can be increased to provide 7 × 24 hours of uninterrupted service for migrant workers. Where there is sufficient grassroots strength, organizations can be organized The town street judicial office and community legal aid workstations jointly build a network of early warning mechanisms for labor disputes so that they can be detected early, dealt with in a timely manner, and properly resolved. "Shi Hansheng suggested that where legal service resources are inadequate, the role of legal aid volunteers can be brought into full play. The service group goes to the grassroots and the construction site to provide timely and accurate legal services for migrant workers.

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