How to recover the salary owed for three years?Xuhui s cooperation between the procuratorate and th

Mondo Social Updated on 2024-01-31

Thank you so much for your efforts!I didn't expect to get my salary back in full, and now my psychological baggage is off. ”

After receiving the salary arrears for nearly three years, Ms. Li excitedly said that her life has more security and a warm hope.

The reporter learned from the Xuhui District Human Resources and Social Security Bureau that in March 2023, they received Ms. Li's request for help through 12345. "The company owed me 8 months of wages due to business difficulties. After resigning due to the pressure of life, although he took the corresponding means of rights protection and remedy, he has not received the arrears of wages after more than half a year. Ms. Li said that she is currently living in difficulty and hopes that the management department can help her get her salary as soon as possible.

"There is no property available for enforcement."

It is understood that as early as 2021, the District Human Resources and Social Security Bureau has successively received feedback from various platforms such as citizens ** that the company is in arrears of employees' wages. After the law enforcement brigade of the District Human Resources and Social Security Bureau verified the company's arrears of wages and made an administrative treatment by the District Human Resources and Social Security Bureau in accordance with the law, the company failed to fulfill its payment obligations, and the case was handed over to the district court to enter the compulsory enforcement procedure when it expired, but because the company had no property to enforce, the district court ruled to terminate the enforcement procedure.

Due to the long period of wage arrears involved in the company, the large number of people, and the large amount of wage arrears per capita, the existing remedies of the District Human Resources and Social Security Bureau are difficult to meet the needs of workers to protect their rights, and because the enforcement can only be resumed after the case is finalized, the time for the court to enforce it is uncertain, and it is urgent to solve the current dilemma of wage arrears for employees.

Collaboration between the procuratorate and the law" case is bright.

After learning of this situation, the District Human Resources and Social Security Bureau took advantage of the relief mechanism for administrative non-litigation cases established with the district court and the district procuratorate in the early stage, as well as the cooperation mechanism for the protection of workers' rights and interests established with the district procuratorate, to launch the "cooperation between the procuratorate and the law", formulate and issue official letters in the district court, and after full communication with the district procuratorate many times, discussed the best relief model, and substantively promoted the conclusion of the case.

Through detailed communication, the District Human Resources and Social Security Bureau and the District Procuratorate agreed that there are two key points to substantively resolve the labor dispute: on the one hand, it is to resolve the "antagonistic feelings" of the workers, which are relatively serious because the company has not substantively fulfilled its payment obligations since the company has been in arrears of wages. In the process, the staff of the District Human Resources and Social Security Bureau and the District Procuratorate carried out a lot of work to explain the law and reason, inform the workers to rationally protect their rights, and appease the emotions of the workers, and give the workers confidence by substantively promoting the relief workOn the other hand, the problem of money was settled, the company had been in arrears of wages for a long time, and the district court found out that the company had ceased to operate, had no property in its name for enforcement, and the company's legal representative was also in a state of disconnection. In the face of insolvent companies, how to "break the game" has become the biggest problem in front of us.

Relying on the work model of comprehensive management of wage arrears, the District Human Resources and Social Security Bureau actively relied on the tripartite cooperation mechanism with the District Court and the District Procuratorate, and the District Court sent a letter to the District Human Resources and Social Security Bureau, and the District Procuratorate participated in the whole process, actively carried out the resolution of labor conflicts, and finally worked together to solve the wages of nearly 300,000 yuan for the workers in the case.

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Reporter: Cao Xiangyu.

Editor: Ye Fangfang.

Proofreading: Geng Jieyu.

Reviewer: Wei Li.

*Please indicate that it is from the official account of Shanghai Xuhui.

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