"Procuratorate**" 08th edition
The procuratorate solved the problems of the enterprise and saved the enterprise from the line of life and death. ”
After we were hospitalized, we were finally able to be reimbursed normally, and the company paid all the outstanding medical premiums. ”
Recently, the person in charge of Qujing Chemical Industry in Yunnan Province (hereinafter referred to as the "Chemical Company") and Qi Mou, an employee of the company, came to the Qujing City Procuratorate to express their gratitude to the prosecutor.
One day in 2020, Qi and others applied to the Qujing Municipal Procuratorate for supervision on behalf of 239 employees of a chemical company. The prosecutor in charge learned that the company was originally a state-owned enterprise, and was restructured into a private joint-stock enterprise in 2003. During the period from November 2010 to December 2014, according to the work requirements of eliminating backward production capacity, the production equipment of the enterprise was shut down and dismantled, and the employees took a holiday to make a living, and the living expenses of 360 yuan per month were in arrears. Since January 2015, due to the inability to pay, the company has accumulated more than 2,500 yuan in arrears of medical premiums for employees, resulting in the inability of employees to be reimbursed normally for illness, and employees need to pay 50% of the pension insurance fees owed by enterprises and individuals when they retire, and the contradiction between employees and enterprises is prominent.
Due to the difficulty of making up the relevant expenses for the shutdown of the chemical company, more than 200 employees have initiated civil lawsuits against the company, and initiated administrative lawsuits against the medical insurance department, all of which were rejected by the court, and the employees' demands have not been resolved.
After accepting the case, the procurator in charge found that the court's judgment was not improper. How to help enterprises resume production and substantively resolve conflicts and disputes while protecting the legitimate rights and interests of employees?In order to find a good solution to the problem, the prosecutor in charge listened to the demands of the employees in person many times, went to the chemical company many times to understand the situation, and went to the relevant administrative authorities to investigate the arrears of premiums and the reasons for the arrears of the chemical company. After a thorough investigation and verification, the procuratorial organs organized and convened a hearing, inviting deputies to the people's congress and members of the Chinese People's Political Consultative Conference (CPPCC) to participate in the hearing. In the end, after the prosecutors and hearing officers explained the law, the chemical company signed an agreement with the employee representatives, and decided to set up a "special account for the advance reimbursement of employees' hospitalization medical insurance". The chemical company said it would raise funds from various sources and promised to pay the outstanding premiums in a timely manner when normal operations resumed.
In order to help the chemical company resume production and operation as soon as possible and fulfill its commitments in a timely manner, after learning that the company originally planned to promote a new project with more development prospects, but could not apply for a safety production license due to the failure of technical transformation, and the new project could not be started for a long time, the Qujing Municipal Procuratorate communicated with the relevant administrative organs for many times, invited professionals from the administrative organs to give guidance to the technical transformation work of the chemical company, and provided legal services for the company.
In June this year, the company successfully completed the technical transformation and obtained the safety production license, and the new project was officially put into production. By the end of September, the chemical company had paid all the outstanding medical premiums and 50% of the pension insurance premiums advanced by employees.
So far, the troubles that have plagued the 239 employees for many years have been resolved, and the enterprises involved in the case have completely got rid of the burden of litigation and regained their vitality and vitality.