Recently, the Supreme People's Procuratorate issued typical cases of procuratorial organs safeguarding the legitimate rights and interests of workers in accordance with the law. What are the characteristics of these typical cases? What are the considerations behind hair styling cases? What role will the case play in promoting the ongoing “Protecting People's Livelihood” project? Recently, the heads of relevant departments of the Supreme People's Procuratorate answered reporters' questions on the above issues.
“Self-relief” cases caused by wage arrears combine leniency with severity
The reporter learned that in recent years, the procuratorial organs have continued to increase their efforts in handling criminal cases of refusal to pay labor remuneration, severely punish malicious wage arrears in accordance with the law, and ensure that workers receive their wages in full and on time to the greatest extent, and protect the most basic bottom line of people's livelihood.
Data show that in the first quarter of this year, procuratorial organs across the country approved the arrest of 264 people in 260 cases of criminal suspects with serious circumstances and serious consequences who refused to pay labor remuneration despite being ordered to pay, and accepted, reviewed and prosecuted 799 crimes of refusing to pay labor remuneration in accordance with the law. 936 people were involved in the crime, and 240 people were prosecuted in 222 cases in accordance with the law.
How should we deal with temporary wage arrears caused by some small and micro enterprises encountering serious operating difficulties? The responsible comrade of the First Procuratorate of the Supreme People's Procuratorate responded to this.
“While punishing criminal cases of malicious wage arrears in accordance with the law and helping workers to recover arrears and recover damages, we must also pay attention to grasping the boundaries between enterprises' arrears of labor remuneration due to capital turnover difficulties and malicious arrears of wages to avoid triggering new secondary conflicts.” No. A responsible comrade of the Procuratorate said that the procuratorial organs must implement the criminal policy of combining leniency with severity in accordance with the law. For cases where the crime is obviously minor, the harm is not great, the amount of wages owed does not meet the legal prosecution standards, or it is a malicious debt that refuses to pay without the ability to pay. For illegal acts, a decision not to prosecute must be made in accordance with the law.
According to statistics, in the first quarter of this year, procuratorial organs across the country did not arrest 161 people for the crime of refusing to pay labor remuneration when it was not necessary to arrest them. The criminal suspects (units) sincerely confessed and repented, tried their best to make full reparations and paid labor remuneration, and carried out corporate compliance in a timely manner. For rectification, 392 people in 317 cases were decided not to sue in accordance with the law.
Because the person in charge of the construction site was in arrears with wages, Chen Mouhua and other four construction workers were worried that their children would not be able to pay their tuition fees in time after school started, so they “resold” the steel bars on the construction site. Taking into account that the criminal behavior committed by the four people was due to arrears of wages, which caused life difficulties For this reason, although there were many thefts, the amount of each theft was relatively small. In the end, the procuratorial organ made a relatively non-prosecution decision against Chen Mouhua and four other people in accordance with the law.
In this regard, the responsible comrade of the First Procuratorate said that the procuratorial organs insist on equal emphasis on combating crime and protecting rights and interests, and do not simply handle cases. For erroneous “self-relief” cases caused by wage arrears, the criminal policy of combining leniency with severity is implemented to ensure that no cases are handled. Those who commit crimes are not subject to criminal prosecution.
Explore labor rights in new industries and support prosecution work
As my country's economy enters a critical period of transformation, workers have higher requirements for the protection of labor rights and interests. The new employment model created by the Internet sharing economy has also put forward new propositions for the protection of labor rights and interests.
Based on the actual situation of civil prosecutorial supervision and case handling, the responsible comrade of the Sixth Procuratorate of the Supreme People's Procuratorate pointed out that the current labor dispute cases have exposed three problems: First, the employer's implementation of the labor rights and interests protection system is not in place, and conflicts and disputes in the labor field occur frequently; second, migrant workers are owed wages Problems occur from time to time, and the implementation of labor supervision measures is particularly prominent. Third, the legal status of employees in new industries is unclear, and social security needs to be further strengthened.
Data show that in the first quarter of this year, procuratorial organs across the country accepted more than 1,400 labor dispute cases involving civil effective judgment and supervision, of which more than 130 procuratorial suggestions for retrial were submitted to the court and nearly 30 were protested; the accepted cases involving labor disputes support prosecution There were more than 14,000 cases, and the procuratorate supported the prosecution of more than 7,400 cases, of which more than 6,300 cases involved migrant workers.
As the demand for labor security increases, in practice, some “small rights and interests” such as work-related injury insurance benefits have gradually entered the scope of prosecutorial supervision.
In the first quarter of this year, procuratorial organs across the country handled a total of 1,498 administrative prosecution cases involving the protection of labor rights and interests, including 155 cases of effective administrative judgment and supervision of social insurance such as medical insurance, unemployment insurance, and work-related injury insurance.
“The procuratorial administration performs its duties with one hand and two offices. It not only supervises the fair administration of justice by the judicial organs, but also urges the administrative organs to determine social insurance qualifications and benefits in accordance with the law and pay them in full and in a timely manner, fully protecting the legitimate rights and interests of workers.” The Seventh Procuratorate of the Supreme People's Procuratorate The responsible comrade said that in the next step, the procuratorial organs will further increase the supervision of effective civil judgments and enforcement cases involving workers, strengthen the supervision of false litigation in cases involving workers’ rights, and do a good job in supporting prosecutions.
The responsible comrade of the Sixth Procuratorate emphasized that while steadily exploring new forms of employment in the field of workers’ rights protection and supporting prosecutions in accordance with the law, the procuratorial organs will actively strengthen collaboration with functional departments to form an overall synergy and promote diversified resolution of conflicts and disputes.
Protection of labor rights and interests has become a new focus of public interest litigation
With the continuous expansion of the legal field of procuratorial public interest litigation, the field of employee rights and interests protection has become a new focus of procuratorial public interest litigation work. Data show that from January to March this year, the procuratorial organs filed a total of 161 public interest litigation cases in the field of labor rights protection.
“In the performance of public interest litigation duties, prosecutors pay more attention to coordination and strive to gather joint protection efforts.” The responsible comrade of the Eighth Procuratorate of the Supreme People's Procuratorate pointed out.
It is understood that in March 2023, the Supreme People's Procuratorate's Office, together with six departments including the General Office of the Ministry of Human Resources and Social Security, jointly issued the “Special Labor Protection System for Female Employees in the Workplace (Reference Text)” and the “System for Eliminating Sexual Harassment in the Workplace (Reference Text)” 》. From the end of 2023 to the beginning of 2023, the Supreme People's Procuratorate and the All-China Federation of Trade Unions jointly signed the “Minutes of the Meeting on Collaboration to Protect the Legal Rights and Interests of Workers” and the “Notice on Collaborating to Promote the Use of the “One Letter and Two Letters” System to Protect the Rights and Interests of Workers”, requiring the strengthening of procuratorial work Supervise the connection and collaboration with “one letter and two letters”, strengthen prior supervision and risk warnings, and collaborate to protect labor rights and interests.
Procuratorates in various regions have also simultaneously strengthened cooperation with units such as human resources and social security, trade unions, housing construction, and health care to jointly promote the implementation of a workers' rights and interests protection governance system that is led by the government, coordinated by all parties, social participation, and guaranteed by the rule of law.
“The procuratorial organs safeguard the legitimate rights and interests of workers, will insist on actively performing their duties in accordance with the law, strengthen the management of litigation sources, and continue to provide judicial protection for people's livelihood.” said the responsible comrade of the Eighth Procuratorate. (Yu Cang Liu Zhengren)
Source: Procuratorate Daily
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