Legal gas station
Employees applying for legal aid are required to fill out an application form for legal aid, and also need to submit their own identification in person at the scene, and if the applicant is an urban household registration, they also need to submit a letter of commitment to the integrity of the family's economic status and relevant evidentiary materials. For employees who have special difficulties due to illness, injury, or disability, they can apply online, and if necessary, Chengdu's legal aid can also provide door-to-door services.
In addition, according to the Legal Aid Law of the People's Republic of China, which came into effect on January 1, 2022, migrant workers who apply for payment of labor remuneration or compensation for personal injuries caused by work-related accidents are exempt from verification of their financial hardship.
There is no circumstance that the proceedings cannot proceed because the defendants are missing or their whereabouts are unknown. The Civil Procedure Law stipulates six types of service, namely direct service, service by lien, electronic service, service by entrustment and mail, service by transfer, and service by announcement. According to Article 95 of the Civil Procedure Law, if the whereabouts of the person to be served are unknown, or it cannot be served by other means provided for in this section, the public notice shall be served. After 30 days from the date of issuance, it shall be deemed to have been served. Therefore, there will not be a situation where the lawsuit cannot proceed because the defendant is missing or missing.
After signing the judgment, if both parties fail to file an appeal within the time prescribed by law, the judgment will take effect and will have the effect of enforcement. If the company fails to fulfill the payment obligation awarded in the judgment, the employee may apply to the court with jurisdiction for enforcement.
We would like to remind workers that in the event of a labor dispute with an employer, especially in the event of arrears of wages or remuneration, it is recommended that you take the initiative to understand and grasp the company's relevant property clues, and apply to the people's court for property preservation while applying for labor arbitration or litigation. At the same time, it should be noted that, according to the second paragraph of Article 49 of the Interpretation (I) of the Supreme People's Court on Issues Concerning the Application of Law in the Trial of Labor Dispute Cases, "in the property preservation ruling made by the people's court, the parties shall be informed to apply for compulsory enforcement within three months after the judgment of the labor dispute arbitration institution or the judgment of the people's court takes effect." "After the preservation is completed, the applicant shall apply to the people's court for compulsory enforcement within three months after the receipt of the award or judgment takes legal effect.