Jiangsu Hai'an: Prosecutor's Society Department and "Liang Sword" protect the legitimate rights and interests of workers

"I didn't expect my salary to get it back. I really thanked the Procuratorate and the Human Resources and Social Affairs Bureau. In recent years, Nantong and Hai'an have finally said that they have gone back and forth ..." Recently, in the mediation room of Hai'an Human Resources and Social Affairs Bureau in Jiangsu Province, such as Dongxian County Cai Mou, a villager in Chacha Town, received a smile when Wang received the original shareholder of an e -commerce company, Wang Mou, who was transferred to 6,000 yuan on the spot.

In November 2017, Cai went to Hai'an E -Commerce. In February 2018, he was forced to resign because the company did not pay the salary in full on time, and then went to Nantong to make a living. "Obviously the company has illegal acts and let the migrant workers suffer. This cannot be justified." When he thought of his short work experience, Cai was very angry. Therefore, in March 2018, she found the Hai'an Human Resources and Social Security Bureau to complain that the company violated the labor contract law.

The Human Resources and Social Security Bureau found that the company not only had the wages of the ownership and did not register the social security to the employee, but also had illegal acts such as the laborer relationship after the trial period expired. It made an administrative processing decision requiring the company to pay Cai's salary difference and compensation, but the company still refused to perform after urging.

In January 2019, the Human Resources and Social Security Bureau applied to the court for compulsory enforcement, and the court ruled that the enforcement was permitted. However, during the implementation, the court investigated the company to go through the cancellation procedures in the market supervision department not long ago. In September 2019, the court had died and no longer existed with the implementation of the object, and the execution was terminated, and the applicant was informed that if the company believed that the company's liquidation and cancellation procedure were flawed, they could claim their rights to the company's shareholders or other responsible claims in accordance with the law. Essence

In March 2022, the Hai'an Procuratorate launched an investigation after receiving the clue of the case, reviewing the dossiers to the court, a legitimate review of the existing evidence materials, obtaining materials from the relevant administrative department, and finding the company's submission of the company's submission The liabilities column in the liquidation report is 0, that is, there is a situation of cancellation registration without liquidation. At the same time, actively contacted the original shareholder Wang and others to carry out interpretation of the law, and inform them of the legal risks that the relevant debt that did not settle in the corporate cancellation. The shareholders may be added as the executed person according to law, and they will bear the personal assets to bear the personal assets. Relevant legal responsibilities, if there is a malicious cancellation, shareholders will bear joint responsibility based on their faults, and prompt them to deeply understand the seriousness of performing the decision of administrative treatment.

In order to effectively protect the legitimate rights and interests of the workers and achieve the effect of the people, the Hai'an Procuratorate contacted the two parties many times to promote the willingness to achieve reconciliation between the two parties. After unremitting efforts, on June 1, under the joint witness of the hospital and the Human Resources and Social Affairs Bureau, the two parties finally signed a reconciliation agreement. Wang paid Cai's salary and compensation to Cai on the spot.

At this point, the case painted a successful end.

(Wang Yan Lu Yinqiu)

Review: Pan Ruikai

Editor in charge: Xu Luping

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