[The front line of war and epidemic] Songjiang French aid has temperature, helping to resume the road

According to the work deployment of the Songjiang District Party Committee and the District Government, the overall requirements of continuously consolidating the prevention and control of the epidemic and the orderly restoration of normal production and living order, from June 1, the Songjiang District Legal Aid Center has resumed opening up to the outside world. As of June 14, the center accepted a total of 98 legal aid cases, received 161 legal consultations, and answered 473 person -times of 12348 legal consultation hotline.

consult:

Can the rent be reduced during the epidemic?

On June 7, 2022, the consultant Shao's friend went to the Legal Aid Center of Songjiang District for consultation. According to Shao, his friend Li Mou leased his own residential houses to the second landlord and signed a lease contract. He agreed that the two landlords would transfer the house. According to the contract, the two landlords should pay the rent to it. However, recently, the two landlords said that since the emergence of Shanghai in March, the community was closed and controlled, requiring a monthly rent, hoping that the lawyer could answer whether the second landlord's request was reasonable.

In order to further understand the case, the aid lawyer Yuan Li called Li on the spot. Li said that he did not know whether the house was used normally during the epidemic, and even unclear whether the house was transferred. The second landlord did not provide any evidence to prove the actual use of the leased property, including the usage during the epidemic period.

According to the counselor's statement, assisting lawyers give legal opinions: According to the Shanghai High Court's "Answer III (2022 Edition) on the Law of the New Crown Pneumonia's Epidemic Case", the two parties can try to resolve It can be fulfilled according to the agreement signed by the lessor and the second landlord. If the second landlord can provide evidence to prove that the house cannot be used normally, the second landlord's request to reduce the rent is in line with the regulations. The amount of rental rents shall be negotiated by both parties or the court will be judged by the court.

Acceptance:

What should we do if we arrears wages?

On June 8, 2022, Xu and six people and other six people came to the Songjiang District Legal Aid Center to apply for legal aid.

According to Xu and others, they are employees of a cosmetics Co., Ltd. in Shanghai, all of which have signed labor contracts with the company to engage in security, quality inspection, sales, and training. In recent years, due to the impact of the epidemic, the company's production and operation is difficult. It often owes employees' salary. The longest arrears have been up to 10 months, which seriously affects the daily life of Xu and others. A few days ago, the employees learned that the company and boss had involved other lawsuits, the company's account had been seized, and the company owner did not negotiate with them to pay the salary in installments. Then, he asked the company to pay the company's arrears of labor remuneration.

After reviewing the information of Xu and other six people, the center believed that the application was "salary for migrant workers", which conforms to the scope of legal aid matters, and can be exempted from verifying economic difficulties. Lawyer Wu Huiqing of Zhige Law Firm hosted the case.

Lawyer Wu believes that a cosmetics Co., Ltd. violates the provisions of Article 50 of the Labor Law of the People's Republic of China: "Wages shall be paid to the workers in a monthly basis, and shall not be deducted or arrears of the wages of the workers." Subsequent Lawyer Wu will help six recipients protect their rights through labor arbitration.

Handle:

Winning the lawsuit, but it is difficult to execute?

On June 9, 2022, the Songjiang District Legal Assistance Center received a call. Luo, who had received legal aid, sought help from the center again because of the salary that could not be supported by arbitration.

Luo joined a clothing company in Shanghai on June 19, 2021 to verbally talk about salaries and other conditions, but did not sign a written labor contract. Since its job, the company has not paid in full on time. After many requests, Luo was forced to leave on September 19, 2021. Afterwards, Luo had repeatedly asked for salary. Although the company acknowledged the arrears of salary, it still refused to pay, and even asked Luo to compensate the company for losses and slandered Luo.

The Songjiang District Legal Aid Center accepted Luo's legal aid application on November 23, 2021, and assigned Lawyer Su Xiuping of Shanghai Changxin Law Firm to host the case. After the unremitting efforts of Lawyer Su, the arbitration finally supported Luo's demands, and ruling a total of 16687 yuan to pay Luo Mou's clothing company in Shanghai. At the same time, all rejected the company's compensation request of more than 140,000 yuan.

Although the case has been ruling and the legal aid work has ended, in order to help Luo get the salary he deserved, the center once again contacted Lawyer Su Xiuping. Lawyer Su used the obligation to help Luo apply to the court for compulsory execution, sorting out the materials required by the execution procedure, and writing the "Application for Essays", which eventually helped Luo perform the case with the court.

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