Shibei Lien Mediation Workstation opens the green channel of rights protection rights protection
Author:Popular Net Qingdao Time:2022.07.23
Unblocked channels, you can apply everywhere; follow the whole process to complete the completion of the process; optimize services to help improve quality and efficiency ... Since November 2021, in order to help migrant workers working in the north The Human Resources and Social Security Bureau has set up a linkage mediation workstation to open the green channel of rights protection and introduce a lawyer regulation mechanism. At present, more than 20 labor complaints have been dealt with, and more than 80 migrant workers have recovered their salary for more than 500,000 yuan. Legal rights and interests.
Right protection throughout the process to eliminate the "salary" of migrant workers
The issue of wage arrears has always been a problem that plagues the life and work of migrant workers. It has even caused the family of migrant workers to fall into a serious economic crisis. Life is difficult to sustain. Essence It is understood that the number of small and medium -sized enterprises in the North District of the North District, coupled with the rise of emerging industries, has led to the continued rise in labor complaint cases.
"From the second half of 2021, we suddenly found that the amount of cases was on the rise. Especially when migrant workers were defending their rights, they could not accurately express their legal awareness and speak their reasonable demands." This phenomenon caused the Labor Security Supervision Bureau of the North District of the North District The attention of Sun Miao, the head of the Second Section. She believes that at this time, a neutral professionals need to be guided to ensure that the demands of migrant workers are accurate in order to defend their rights as soon as possible, and on the other hand, they will also help the parties to remove some unreasonable demands.
In addition, when the Human Resources and Social Affairs Bureau of the Shibei District also found that according to the previous procedures, after the migrant workers complained to the labor supervision department, the parties would sign an agreement after mediation, but if the employer is indeed difficult to have difficulties, it cannot be difficult to be difficult to cannot In the current payment, this agreement will easily lose legal effect. Labor arbitration belongs to another channel, which is that migrant workers themselves decide whether to arbitration.
"The arbitration mediation letter is different from the above agreement. It is formulated in accordance with the law. As long as the two parties are signed, they will have legal effect. If the other party does not perform in accordance with the mediation letter, individuals can apply directly to the people's court for enforcement." However, if migrant workers do not know how to take the arbitration channel, they may lead to a longer salary road.
In order to solve such problems, the Human Resources and Social Security Bureau of the North District established a linkage mediation workstation in November 2021, incorporated labor arbitration and labor supervision work into a workstation, forming a linked mechanism for rights protection, and introducing third -party law firms. The famous lawyer helped the office to form a team of lawyers based on migrant workers' rights protection to allocate different types of labor complaint cases.
"Labor supervision and judicial mediation form a linkage. After the intervention of labor supervision, the two parties reached a mediation agreement to ensure the legal effect of the agreement, which can be replaced by the arbitration mediation. Agree with the help of the lawyer to help coordinate. As long as he agrees, he will immediately transfer it to the lawyer. "Sun Miao said that in order to reduce the time cost of the complaint, the case can be verified in the 5 legal work days in accordance with the regulations. It can be reviewed within 2 days. The Human Resources and Social Security Bureau has also arranged for a full -time cadre sinking workstation to actively serve to avoid the suffering of the masses back and forth, and gradually realize the "only one person" of the masses.
In the first month of the establishment of the mediation workstation, a case of collective salary of migrant workers was received, involving more than 10 migrant workers in Henan Follower County. They come to report a construction company in arrears.
Wang Hongxing, a lawyer from Shanghai Jianwei Urban and Rural Construction Mediation Center, is a mediationman in the linkage mediation workstation. After taking over the case, Wang Hongxing first helped migrant workers sort out the evidence in their hands. "This case is relatively clear, and the arrears of salary of more than 30,000 yuan, which is not enough." Wang Hongxing said that after understanding the workers' demands, he called and communicated with the project party many times. Analysis of the advantages and disadvantages from the perspective of the worker, explaining the legal consequences that the labor remuneration will bear to the use of the worker.
“这个案件还牵扯到中间转包人,挺复杂的,我们也是想尽了办法从中迂回。我给转包人打电话,让转包人侧面给项目方施加压力。”王洪兴介绍,最后,他The migrant workers who complained to the construction site directly found the project party. "We talked with the project party's marketing manager for about thirty or forty minutes, and then the project party called the relevant person in charge. The person in charge transferred 7,000 yuan to the migrant workers on the spot. Tracking, the case has been filed in the Tengzhou People's Court. "
After receiving the arrears, these Henan migrant workers were very excited. They rushed to make a banner printed with "dedication and integrity for the people, and the legal guardian morality" was sent to the linkage mediation workstation, and thanked the staff and lawyers: "Thank you very much for your help, we also see your intentions, thank you!"
Looking at their smiley faces, recalling the "lip and gunfire battle" in the early stage of salary, Lawyer Wang Hongxing could not help but make a emotion in the circle of friends: "Behind the banner of each face is a thrilling salary story ..."
Extend the service and do a good job of "salary" of migrant workers
In the process of assisting migrant workers' salary, the linkage mediation workstation discovered a prominent problem: most migrant workers lack legal knowledge. When encountering wage arrears, it is quite difficult to obtain evidence. Therefore, the way to defend rights is very limited. To this end, since this year, the Human Resources and Social Security Bureau of the North District has taken source governance as a starting point, organized staff to go deep into the intensive places such as migrant workers such as construction sites, restaurants, and comprehensively carried out contradictions and disputes to investigate and resolve and promote the publicity of law. "We set label signs at the entrances of industry venues and construction sites with a lot of migrant workers, and issued a two -dimensional code. As long as we encounter problems, we can scan the code to enter the complaint report online platform. We immediately accepted online. "Sun Miao said that for workers who do not use smartphones, special complaint hotlines were also set up.
At the same time, the Human Resources and Social Security Bureau uses the WeChat public account to spread the knowledge of law popularization, and on the electronic display of the complaint acceptance center, it will rolly play the laws and regulations related to the labor law.
"When we accept the case, we will also pay attention to the law education for the parties in a timely manner, reminding migrant workers or workers in other industries to employment through regular channels, choose a" reliable "unit to work, and sign labor contracts in accordance with the law to maintain their legal legal legality Rights and interests. "Wang Hongxing also reminded the workers that once they encounter the problem of arrears, they must pay attention to retaining evidence related to work, such as working uniforms with unit logos, workshops, attendance tables, payments, job certificates, etc., which can prove that the two parties can prove the two parties. There is a labor relationship, such as deposit receipts, wages, wage settlement forms, etc., can prove the amount of wages, these are effective evidence.
"The most important thing is to get the IOU. Even if you can't get the underwriting, you must save the communication records on WeChat. If necessary, record it in time as evidence to avoid the" mouth saying no "when paying rights and rights. Difficulty in proof and obtaining evidence. "Wang Hongxing said.
(Correspondent: Xu Weiling)
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