涉及劳动报酬、工伤赔偿和职业病认定等,人数多、金额大。在法援帮助下,有的案件为劳动者拿回报酬近千万元

Involving remuneration for work, compensation for work-related injuries and identification of occupational diseases, etc., the number of people is large and the amount of money is large. With the help of legal aid, some cases paid workers nearly ten million yuan

  近日,司法部发布2019年度“法律援助服务农民工十大典型案例”,案例显示农民工讨薪案件数量多、群体性案件多、涉案金额大,讨薪难、维权难问题依然令人心忧。

Recently, the Ministry of Justice issued the 2019\" legal aid service migrant workers 10 typical cases,\" the case shows that migrant workers pay cases are large, mass cases, the amount of money involved in the case, pay difficult, hard to protect the rights of the problem is still a worry.

  为规范农民工工资支付行为、确保农民工按时足额获得工资,提高农民工群体法律服务质量,一张全业务全时空的公共法律服务网络正在加紧构建,线上线下渠道不断拓展,法律法规不断健全,农民工权益将得到更有力的保障。

In order to standardize the wage payment behavior of migrant workers, ensure that migrant workers get their wages in full and on time, and improve the legal service quality of migrant workers'groups, a full-time and time-bound public legal service network is being stepped up, online and offline channels continue to expand, laws and regulations continue to improve, and the rights and interests of migrant workers will be more powerfully protected.

  因公司停产,777名农民工被拖欠工资高达789万余元。在法援律师的帮助下,仲裁机构支持了律师提出的全部仲裁请求,一起群体性农民工讨薪案件最终得到圆满解决……

As the company halted production,777 migrant workers were paid more than 7.89 million yuan in arrears. With the help of legal aid lawyers, the arbitration body supported all the arbitration requests made by lawyers, and a group of migrant workers'case was finally successfully resolved.

  这是1月2日司法部发布的2019年度“法律援助服务农民工十大典型案例”的其中一例。司法部法律援助中心主任胡占山说,“十大案例有三个显著特点:一是讨薪案件多;二是群体性案件多;三是涉案金额大,其中有的案例,通过法律援助律师的努力争取,为农民工追回劳动报酬近千万元。”

It was one of the \"Ten Typical Cases of Legal Aid Service Migrant Workers\" in 2019, released by the Ministry of Justice on January 2. Hu Zhanshan, director of the Legal Aid Center of the Ministry of Justice, said:\" The top ten cases have three remarkable characteristics: one is that there are many cases of seeking salary; the other is that there are many mass cases; and the third is that the amount involved is large, some of them, through the efforts of legal aid lawyers, to recover nearly ten million yuan for migrant workers.\"

  在江西萍乡777名农民工讨薪案中,某陶瓷有限公司接手某瓷业公司经营业务后,自2017年9月起拖欠农民工工资。2018年9月3日,因经营不善,该陶瓷有限公司全面停产,拖欠777名农民工工资高达数百万元,公司负责人失联。

A ceramic limited company has defaulted on migrant workers'wages since September 2017 after taking over the business of a porcelain company in Jiangxi's Pingxiang 777 migrant workers'payroll case. September 3,2018, due to poor management, the ceramics Co., Ltd. completely shut down production, arrears of 777 migrant workers wages up to millions of yuan, the company's head of missing.

  2019年1月23日,法援律师代农民工提起仲裁,要求某陶瓷有限公司、某瓷业有限公司共同向777名农民工支付劳动报酬共计789万余元。2019年2月14日,仲裁委裁决支持了律师提出的全部仲裁请求。后两家公司通过资产处置,向777名农民工如数支付了被拖欠的工资550余万元,余下230万元待破产清算后支付。

On January 23,2019, legal aid lawyers filed an arbitration on behalf of migrant workers, asking a ceramic limited company and a porcelain industry limited company to jointly pay a total of more than 7.89 million yuan to 777 migrant workers. On February 14,2019, the Arbitration Commission ruled in support of the full arbitration request made by the lawyer. The latter two companies, through asset disposal, paid more than 5.5 million yuan in arrears to 777 migrant workers, leaving 2.3 million yuan to be paid after bankruptcy liquidation.

  这起案件最终得到了圆满解决,但欠薪难讨仍然是一些农民工面临的问题。据统计,2018年,全国各级法律援助机构共办理农民工法律援助案件万余件,同比增长%。其中,农民工请求支付劳动报酬案件万件,同比增长%。

The case was eventually successfully resolved, but it is still a problem for some migrant workers. According to statistics, in 2018, legal aid institutions at all levels handled more than 10,000 cases of legal aid for migrant workers, an increase of% over the same period last year. Among them, the number of cases in which migrant workers requested payment of remuneration for work was 10,000, an increase of% over the same period last year.

  2019年5月20日,司法部在中国法律服务网开通“农民工欠薪求助绿色通道”,为讨薪农民工提供法律咨询、法律援助申请、相关政策法规及司法判例查询等服务。截至去年12月31日,“绿色通道”累计访问19992人次。其中,“讨薪咨询”达到4560件,“问题反映”达2135人次。

On May 20,2019, the Ministry of Justice opened a \"green channel for migrant workers'unpaid wages for help\" in China's legal service network to provide legal advice, legal aid applications, relevant policies and regulations and judicial case inquiries for migrant workers. As of December 31,19992 visits had been made by the Green Channel. Among them,\" salary consultation \"reached 4560,\" problem reflection\" reached 2135.

  此次发布的十大案例中,山西省晋城市法律援助中心为吕某工伤赔偿提供法律援助案,历时两年,过程曲折。在劳动者未签劳动合同、缺少证据证明劳动关系的情况下,承办律师依据新颁布的地方规章,最终帮助受援人获得工伤赔偿。

The release of the top 10 cases, Shanxi Province Jincheng legal aid center for Lu compensation for work-related injuries legal aid case, for two years, the process twists and turns. In cases where the labourer has not signed a labour contract and lacks evidence to prove the labour relationship, the contractor's lawyer will eventually help the recipient to obtain compensation for work-related injuries in accordance with the newly promulgated local regulations.

  2017年1月9日,吕某到某公司装修工程项目从事墙体抹灰工作,双方未签订书面劳动合同。1月14日,吕某干活时摔伤,某公司则称该墙体抹灰工作已承包给了袁某,吕某是给袁某打工。1月18日,某公司向吕某支付万元后,拒绝向吕某支付任何费用。

On January 9,2017, Lu went to a company to decorate the project to engage in wall plastering work, the two sides did not sign a written labor contract. On january 14, lu fell while working, a company said the wall plastering work has been contracted to yuan, lu is working for yuan. On January 18, a company refused to pay Lu any fees after paying him 10,000 yuan.

  2017年2月21日,吕某申请工伤认定被告知需先确认劳动关系。3月10日,吕某向山西省晋城市法律援助中心申请法律援助。仲裁委驳回了吕某的仲裁请求。吕某起诉。一审法院判决确认吕某和某公司存在劳动关系。某公司提起上诉,二审法院撤销了一审判决。

On February 21,2017, Lu applied for industrial injury recognition was told to confirm labor relations first. On March 10, Lu applied for legal aid to Shanxi Jincheng Legal Aid Center. The Arbitration Commission rejected Lu's request for arbitration. Lu sued. The court of first instance ruled that lu had a labor relationship with a company. A company appealed and the court of second instance quashed the first-instance judgment.

  在该案仲裁和诉讼过程中,山西省人民政府于2017年4月颁布了《山西省实施工伤保险条例办法》。办法明确,“具备用工主体资格的承包单位违反法律、法规规定,将承包业务转包、分包给不具备用工主体资格的组织或者自然人,该组织或者自然人招用的劳动者从事承包业务时因工伤亡的,由该具备用工主体资格的承包单位承担用人单位依法应承担的工伤保险责任。”

In the course of the arbitration and litigation of the case, the people's Government of Shanxi Province promulgated the regulations on the implementation of industrial injury insurance in Shanxi Province in April 2017. The method is clear,\" if a contracting unit with the qualifications of the employing subject violates the provisions of laws and regulations, subcontracting the contracted business to an organization or a natural person that does not have the qualifications of the employing subject, and if the organization or the laborer employed by the natural person engages in the contracted business as a result of work casualties, the contractor with the qualifications of the employing subject shall bear the liability of the employer for industrial injury insurance according to law.\"

  该办法的出台,为吕某认定工伤提供了新的依据。最终,吕某从某公司拿到了医疗费、住院伙食补助费、停工留薪期工资、一次性伤残补助金等全部款项。

The introduction of the method, for Lu to identify work-related injuries to provide a new basis. In the end, Lu got all the money from a company, such as medical expenses, hospital meals, salary for the rest period, one-time disability allowance, etc.

  针对农民工劳动合同签订不规范、取证维权难的问题,司法部于2019年上半年在全国部署开展了劳动合同普查与体检活动。司法部公共法律服务管理局副局长施汉生介绍,仅2019年5月~6月,北京、四川、江西、黑龙江等11省市就召开座谈会3000多场,走访20余万家企业,调查劳动合同近300万份,梳理问题11万多个,引导办理农民工法律援助案件5万余件。

In response to the problem of non-standard signing of labor contracts for migrant workers and difficult to obtain evidence and protect their rights, the Ministry of Justice carried out the labor contract census and physical examination activities in the first half of 2019 in the country. Shi Hansheng, deputy director of the Administration of Public Legal Services at the Ministry of Justice, said that from May to June 2019 alone, more than 3,000 seminars were held in 11 provinces and municipalities, including Beijing, Sichuan, Jiangxi and Heilongjiang, visiting more than 200,000 enterprises, investigating nearly 3 million labor contracts, combing more than 110,000 problems and guiding the handling of more than 50,000 cases of legal aid for migrant workers.

  此次发布的十大典型案例,涉及追讨劳动报酬、工伤赔偿和职业病认定等,涉及人数多、涉案金额大,有的案件面临取证难等棘手问题。在法律援助律师的帮助下,有的群体性案件中劳动者拿回劳动报酬近千万元。

The release of the top 10 typical cases, involving recovery of labor compensation, compensation for work-related injuries and occupational disease identification, involving a large number of people, the amount involved in the case, some cases are difficult to obtain evidence and other difficult problems. With the help of legal aid lawyers, some workers get nearly ten million yuan in compensation for labor in mass cases.

  “希望通过案例的发布,让外出务工的农民工朋友提高防范意识、了解法律援助,在打工过程中,做到预防在先,提前防范,遇到法律问题时,注意保留各种证据,增强维权意识,能够主动寻求法律援助的帮助。”胡占山表示,这也是提醒广大用工企业,要增强尊法守法意识,依法用工,主动与农民工签订劳动合同,按时发放工资报酬并交纳相关保险,承担起企业的社会责任。

“hopes that through the release of the case, migrant workers'friends can raise their awareness of prevention, understand legal aid, in the process of working, to prevent in advance, in case of legal problems, pay attention to retain all kinds of evidence, enhance awareness of rights, can actively seek legal aid. Hu zhanshan said that this is also to remind the majority of employment enterprises to enhance the awareness of respect for the law and abide by the law, employment according to law, take the initiative to sign labor contracts with migrant workers, pay wages and remuneration on time and pay related insurance, to assume corporate social responsibility.

  在典型案例背后,一张全业务全时空的公共法律服务网络正在构建之中。在线上服务方面,“农民工欠薪求助绿色通道”开通以来,司法部向人力资源和社会保障部以及地方法律援助机构转办督办欠薪案件1600余件,共帮助追讨欠薪2700余万元。

Behind the typical case, a full-service full-time public legal service network is being constructed. On-line services, since the opening of the \"green channel for migrant workers'unpaid wages,\" the Ministry of Justice has transferred more than 1,600 cases of unpaid wages to the Ministry of Human Resources and Social Security and local legal aid agencies, helping to recover more than 2,700 million yuan.

  近日,国务院总理李克强签署国务院令,公布《保障农民工工资支付条例》(以下简称《条例》),自2020年5月1日起施行。《条例》从落实主体责任、规范工资支付行为、明确工资清偿责任、细化重点领域治理措施、强化监管手段等方面对保障农民工工资支付做了规定。

Recently, Premier Li Keqiang signed a State Council order promulgating the Regulations on the Protection of Migrant Workers'Wages (hereinafter referred to as \"the Regulations \"), which will come into effect as of May 1,2020. The Regulations provide for ensuring the payment of migrant workers'wages from the aspects of implementing the principal responsibility, standardizing the behavior of paying wages, clarifying the responsibility for paying off wages, refining the key areas'governance measures and strengthening the means of supervision.

  此外,司法部还印发《公共法律服务事项清单》,进一步提高法律服务质量,确保农民工等群体免费获得基本公共法律服务;制定发布全国刑事、民事行政法律援助服务规范,深化“法援惠民生助力农民工”活动,与全国总工会多次联合开展“尊法守法·携手筑梦”服务农民工公益法律服务行动,提供符合标准的法律援助服务,依法保障农民工合法权益。(卢越)

In addition, the Ministry of Justice has issued the List of Public Legal Services to further improve the quality of legal services and ensure that migrant workers and other groups have free access to basic public legal services.It has formulated and issued the national standard of legal aid for criminal and civil administration, deepened the activities of \"legal aiding and benefiting migrant workers \", and carried out a number of joint actions with the National Federation of Trade Unions and Trade Unions to\" respect the law and abide by the law and build dreams \"to serve the public welfare legal services of migrant workers, provide legal aid services that meet the standards and safeguard the legitimate rights and interests of migrant workers according to law. (Lu Yue)


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