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办理农民工法律援助案件Legal representation for migrant workers

2012-06-05   来源:致诚公益律师   晁灵
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  “农民工中心”对符合法律援助条件的农民工案件,指派专职律师提供免费的代理服务,从代写法律文书,到申请仲裁、提起诉讼或者其他事务代理,不向农民工收取一分钱。从2005年9月8日到2009年9月7日,办结案件3798件,涉及农民工5963人次,涉及金额47397670元,通过律师调解、仲裁和诉讼切实帮农民工得到38088146元。

  Each migrant worker who qualifies for assistance will be assigned a lawyer from the Migrant Workers’ Center. The appointed lawyer then represents the migrant worker through mediation, arbitration, litigation, and other available channels to protect the migrant worker’s rights and interests. All professional representation is free of charge. From 8 September 2005 to 7 September 2009, the Migrant Workers’ Center resolved 3,798 cases, involving 5963 migrant workers and amounts involved exceeded RMB 47,397,670. The total amount of compensation received by migrant workers through mediation, arbitration and litigation has reached RMB 38,088,146. (Please refer to the graph below).


 

  援助律师在为当事人办理法律援助手续

  A Legal aid Lawyer assisting Migrant Workers on Application Procedures.


  2009年7月27日,佟丽华律师在处理从丰台信访部门转来的一起群体性欠薪案件。

  Mr. Tong Lihua handling a Group Dispute concerning Wages in Arrears, by referral from the Fengtai Department for Letters and Visits on 27 July 2009


  陈星律师向当事人了解情况

  Mr. Chen Xing interviewing Client and learning about the Case.


  于帆律师正在处理一起农民工欠薪群体性纠纷

  Ms Yu Fan handling a Group Dispute involving Migrant Workers’ Wages in Arrears.


  2009年6月5日,徐玉领律师在北京顺义工地受伤的农民工家里调查取证

  5 June 2009, Mr. Xu Yuling conducting Investigation and Collecting Evidence at a Migrant Worker’s Home, who was injured at a Construction Site in Shunyi District, Beijing.

 

  十周年十大案例

  Ten Years, Ten Cases

  1、郭增光讨薪案—— 一月工资五年讨得 传奇民工义务普法

  郭增光,务工一月讨薪五年,其中援助律师前后为此案奔波三年,最终帮助郭增光和67名工友讨回欠薪。

  郭增光讨薪案件被中国青年报《冰点》整版报道;他的讨薪事迹入选《法律服务2007年度报告》;2009年他又作为农民工代表,在中心被联合国秘书长潘基文夫人接见。现在郭增光是中心的一名义务普法宣传员。

  1、Guo Zengguang Case – Five Years to recover One Month’s Wages

  Guo Zengguang spent five years recovering one month’s wages in arrears. Three years of hard work finally paid off and our lawyers succeeded in recovering wages for Guo and 67 other migrant workers.

  This case was reported by China Youth Daily as a one-page feature, and also quoted in the “Legal Aid Yearly Report 2007”. In 2009, Mr. Guo acted as the migrant workers representative and met Yoo Soon-taek, wife of the United Nations Secretary General Ban Ki-Moon. Mr. Guo now acts as the Migrant Workers’ Center’s volunteer advocacy member.


 

  2、徐延格诉肯德基劳务派遣案——十年劳作一朝解雇 停用派遣惠及众人

  2005年,在肯德基公司工作了十年的徐延格突然被解雇,公司以徐延格是劳务派遣为由拒绝支付经济补偿金。在中心的援助和推动下,肯德基公司不仅解决了徐延格等人的劳动争议问题,而且承诺在中国停止使用劳务派遣制度。

  肯德基公司在华员工逾12万,新的制度将使肯德基员工直接获利数千万元。该案恰逢《劳动合同法》制定、国外商会限制反对劳务派遣条款阶段。

  2、Xu Yange v KFC Case – Abolishing the Labor Dispatch System

  Xu Yange had been working for KFC for 10 years when his contract was terminated in 2005. KFC relied on the fact that Xu signed his contract with the recruitment agency and not directly with KFC, and refused to provide termination payments. With the assistance of and through negotiations with the Migrant Workers’ Center, KFC eventually agreed to provide termination payments to Xu and other labor dispatch workers, and promised not to use the labor dispatch system in China in the future.

  There are more than 120,000 KFC employees in China. The new system will help in recovering more than several thousand Yuan for the migrant workers. This case coincided with the formulation of the Labor Contract Law, as well as overseas labor union protests on the Labor Dispatch System.


 

  3、童工于浩案——辍学打工失左臂 律师援助终执行

  2005年,15岁的天津男孩于浩辍学后到北京一家公司打工,左臂被绞入机器。在中心的援助下,2006年法院终审判决用人单位赔偿于浩85万余元,其中包括援助律师极力争取的56万元假肢费用。

  案件开始进入艰难的执行程序。经过律师三年的不懈努力,于浩陆续获得执行款共计73万元。

  3、YuHao Case- Child Laborer lost Arm; Lawyers assisted in recovering Work Injury Compensation

  YuHao, a 15-year-old boy from Tianjin, dropped out of school and started worked in Beijing. Unfortunately, his left arm was caught in the machine at work and subsequently amputated. Our lawyers filed a lawsuit against the employer, the court held that YuHao was entitled to a compensation of RMB 850,000, including RMB 560,000 for a prosthetic arm to be fitted. After a lengthy litigation process, YuHao received a total of RMB 730,000.

  4、 温振其案——两次仲裁三次诉讼 残疾保安艰难维权

  2005年3月,在北京当保安队长的温振其值班时,被醉酒同事砍伤,左手终生残疾。10月,温振其来中心寻求援助。

  为了讨要赔偿,援助律师三年间历经了两次仲裁、三次诉讼,然而,21万余元的赔偿判决却依然无法执行。2008年,在中心的多方协调下,温振其最终从法院拿到了13万元司法救助款。

  4、 Wen Zhenqi Case- Arbitration and Filing of a Lawsuit; Protecting the Interests of a Disabled Security Guard

  Wen Zhenqi was the head of a team of security guards in Beijing. In March 2005, he was badly hurt by a drunk colleague whilst on duty. In October 2005, Wen came to the Migrant Workers’ Center for assistance.

  In order to recover compensation for Wen, our lawyers commenced two arbitration proceedings and three lawsuit proceedings within three years. The court ordered a compensation of RMB210,000 but the perpetrator was unable to pay up. In 2008, with the assistance of the Migrant Workers’ Center, Wen received financial relief from the Judiciary of RMB130,000.

  5、李汉成案——单位吊销断保险 律师援助新待遇

  李汉成在北京某公司当搬运工时砸伤左腿,造成三级伤残。单位为李汉成补办了保险,但是后来单位被吊销执照,不再缴纳保险费。

  2007年10月,李汉成到中心寻求援助。在援助律师的努力下,李汉成成为第一个在单位没有注销的情况下,工伤保险待遇享受北京市社会化管理的外来农民工。

  5、Li Hancheng Case- Company Operating License Revoked; Insurance Policy terminated

  Li Hancheng suffered severe injuries to his left foot in an accident whilst working in a moving company in Beijing. He received treatment under his company’s health insurance but treatment was subsequently terminated when the operating license of his company was revoked.

  Li came to us for help in October 2007. With our assistance, he continued to receive treatment based on the existing insurance policy, becoming the first migrant worker in Beijing to enjoy continuing benefits of a dormant company under the existing social welfare system.

  6、 李华意等23人案件——被欠薪反遭驱赶 受援助终得维权

  李华意等23人从2005年4月到8月在北京打工,多次讨要工钱不得,反而被赶出工地。2005年8月,他们向中心求助。

  气愤的农民工一度去丰台区政府上访,被援助律师拦下,不再上访。最终在律师的调解下,他们先拿回两万元的工资,随后通过诉讼又拿到了剩下的33976元。

  6、Li Huayi Case- Recovery of Wages in Arrears

  Li Huayi and 23 others worked in Beijing from April to August in 2005. Not only were they not paid, they were evicted from their work premises. In August 2008, they appealed to the Migrant Workers’ Center for help.

  The angry migrant workers went to the Fengtai Government to protest, but were dissuaded to continue such protests by our lawyers. Through mediation, we helped recover a total of RMB20,000 wages in arrears for these workers, and a further RMB33,976 in subsequent litigation.

  7、 温婉春等41案件——二审改判惠及40民工 专业素养判例形成

  温某等41人于2006年2月从事装修打工,被欠18万余元。2006年10月诉至法院,法院一审判决没有支付能力的包工头承担全部责任,而有支付能力的深圳某装饰公司则只需在两万余元的范围内承担连带责任。

  最终,在律师的不懈努力下,二审法院改判深圳某装饰公司承担全部连带责任。此后,该判决对法院判决类似案例发挥积极影响。

  7、Wen Wanchun Case- Favorable Second Instance Court Hearing; Impact on Future Cases

  Mr Wen and his 40 others were unpaid for their work done in Shenzhen decoration company in February 2006; wages left in arrears amounted to over 180,000. In October 2006, the First Instance Court held that the labor contractor, who did not have any financial capacity, to be fully responsible for these wages, and the decoration company, whilst in full financial capacity, was only responsible for RMB20,000 of the payment.

  With our unremitting efforts, the Second Instance Court reversed the First Instance Judgment , holding the decoration company solely liable for the wages in arrears. This case had a huge positive impact on subsequent wages in arrears cases.

  8、孔庆春等18人案件——奥运前夕激愤讨薪 子夜会诊化解危机

  2008年8月7日,北京奥运会召开前一天,孔庆春等农民工推搡着两名包工头情绪激动地来到中心寻求法律援助,并表示如果再拿不到工钱,他们将在奥运会开幕前集结18位农民工上访。

  为了尽快平息纠纷,避免奥运期间不和谐因素发生,援助律师集体子夜会诊,两天两夜连续奋战,9日上午18名农民工拿到全部工钱,这起群体欠薪案件最终得到及时妥善处理。

  8、Kong Qingchun Case – Migrant Workers seeking Payment of Wages on the Eve of the Olympic Games; Resolving Problems Overnight

  On 7 August 2008, just one day before Beijing Olympic Games, Kong Qingchun and other migrant workers arrived at the Migrant Workers’ Center together with their contractors and demanded that payment for their work performed be paid immediately, or they will stage a protest at the opening ceremony of the Olympic Games.

  In order to resolve their problems as soon as possible, our lawyers worked solidly for two days and nights. The problem was resolved in time on 9 August 2009 – all 18 migrant workers recovered their wages and an embarrassing protest avoided.

  9、贾洪亮等32人案件——信访来电急盼协助 律师驰援讨回欠薪

  2009年,贾洪亮与31位老乡在北京打工,拿着10万元欠条回家。之后,贾洪亮等人多次专程从山东老家来北京讨要工资不成。2009年7月,无奈之下的贾洪亮等人再次聚集到丰台区信访办,情绪激动。丰台信访办特打来电话,希望协助处理。

  律师很快赶往现场提供援助。律师通过调查取证获得充足证据,通过谈判,当月拿到用人单位支付工资款近七万元。

  9、Jia Hongliang Case – Request for Help from Fengtai District Government; Lawyers assisted in Recovery of Wages in Arrears

  Jia Hongliang and his 31 fellow villagers came to work in Beijing, but were left with RMB10,000 worth of credit notes when they completed their contracted work. Jia and several other villages returned to Beijing on numerous occasions seeking for payment of their wages. In July 2009, out of desperation, Jia and a few others gathered in front of Fengtai District Government, demanding for help. Fengtai District Government immediately notified us and requested for our assistance.

  We immediately arrived at the scene to provide assistance. Our lawyers carried out investigations and collected evidence, held negotiations with various employers, and recovered close to RMB70,000 wages in arrears for the migrant workers within the same month.

  10、赵立红等118人案件——高效援助显正义 执行和解保权利

  2008年7月,赵立红等118名农民工因被拖欠工资,到中心寻求法律援助。9月,劳动仲裁裁决支持118人共计520余万元。

  案件在执行阶段和解,118名农民工获得300万元执行款,援助律师成功维护了118名农民工的合法权益。该案是中心办理的数额最大的农民工欠薪案件。

  10、Zhao Lihong Case – Effective Assistance to achieve Justice; Mediation to Protect Rights

  In July 2008, Zhao Lihong and other 117 migrant workers came to the Migrant Workers’ Center for assistance as they were not paid for their work. In September, the Labor Arbitration Center held that a total of RMB5.2 million was owed to the 118 migrant workers.

  The case was subsequently resolved through mediation, and the 118 migrant workers received a total of RMB 3million. This is the largest case on wages in arrears at the Migrant Workers’ Center.

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