Chaoyang District migrant workers legal aid status and Countermeasures

   

The Chaoyang District Judicial Bureau       Bao Chunming

 

Chaoyang District construction site of the site area50%, is the most largest district, the site,Has become a labor importing regions, safeguarding the rights and interests of migrant workers is relatively prominent. According to incomplete statistics, in recent years in each region to undertake legal aid cases, probably60%For migrant workers rights case. Of course, there are many difficulties and problems existing in specific work, needs further attention, to be improved. Now I try to research and analyze the current situation of some migrant workers, carries on the discussion to the migrant workers rights.

Analysis of a case, type and demand

Farmers work for vulnerable groups of society, the legitimate rights and interests in real life to face a variety of threats, so the legal problems involved in the process of maintaining legal rights present diversity. Migrant workers legal aid cases including criminal, civil, administrative, criminal aspects of criminal defense problem of migrant workers crime, administrative aspects of the problems of administrative litigation and state compensation with relevant departments, such as employment injuries caused by. The civil aspects of content, covering the problems of labor remuneration, work-related injury compensation recourse, transportation and medical malpractice claims, personal injury compensation, contract disputes.

As the input workers relatively large area, migrant workers demand in the legal aid is vigorous, with most of people living in the bottom of society, does not have the lawsuit, is a potential recipient objects. Legal problems need to be solved, characteristics, diversity and at the same time, because of migrant workers legal aid is not very understanding, find the Legal Assistance Center for help and not many, but found the legal aid center, the case scope, conditions, procedures and other constraints, can really help is less and less. For example,2005In the region to provide legal aid to migrant workers rights cases only431Piece. According to the results of the survey, nearly two years the whole of Beijing city migrant workers rights and interests have been infringed upon cases every year in2000Above, thus, I zone pressure and challenges in the migrant workers legal aid is self-evident.

In recent years, along with the importance of the problem of migrant workers, issued a series of policies, such as appropriate to expand the scope, relaxing the conditions, simplify the procedures, the situation has improved, but not fundamentally solve the problem. Therefore, accept my area of aid agencies cases, in addition to some of the criminal, administrative cases, in the civil aspects of limited recourse labor remuneration, work-related injury claims, personal injury compensation, scope is very narrow.

Two, the main work and measures

In recent years, our region to seriously implement the "Legal Aid Ordinance", from the point of view of safeguarding the legitimate rights and interests of migrant workers and promote social stability, to do a lot of work in the migrant workers legal aid. Is mainly reflected in the:

(a) continue to improve the understanding of legal aid for migrant workers

In recent years, the issue of migrant workers has become the focus of social attention. The government of Chaoyang District district to strengthen the legal aid work from the aspects of mechanism, system, funds, and other business efforts, through legal means to safeguard the legitimate rights and interests of the migrant workers, at the same time, strengthen the "Legal Aid Ordinance" propaganda, strengthen the cooperation with related departments, take corresponding measures, to exclude the difficulty and anxiety for migrant workers.

(two) establish a sound mechanism, improve migrant workers legal rights network

My area is provided with legal aid agencies, at the same time42Street, area and5A community has established a number of sites, and gradually extended to the community, township,Formed by the District Legal Aid Center as the leading to the district capital construction commission, the legal aid studio as the basis, the legal aid workstations full cooperation, regional law firmActive participationMigrant workers legal aid network covering the whole of the pattern. The master in the consulting reception of migrant workers in the major violations, immediate feedback to the District Legal Aid Center, make sure to provide timely legal aid for migrant workers.

Three.Actively carry out a variety of special activities for migrant workers, to exclude the difficulty and anxiety.

During the two year, the legal aid center of Chaoyang District actively carry out the "migrant workers legal aid servicesMonthActivities".One is the priority processing.The reception center to give priority to the admissibility of migrant workers consultation, complaints, to meet the conditions of legal aid to migrant workers rights cases do fast, fast for assignment;Two is the establishment of migrant workers legal aid studio in the district capital construction commission. Organization20Law firm43Lawyer lawyer to project construction committee the establishment of migrant workers legal counseling stations, on the occurrence of administrative areas in the region on the formation, dissolution of the labor contract; request to pay labor remuneration, unemployment, old-age social insurance benefits; legal matters of labor safety, inductrial injury, industrial injury compensation relating to labor relations of migrant workers to provide legal advice, legal advice; to meet the conditions of legal aid clinic visitors in providing scrivener, lawyer, litigation and non litigation legal services;Three is the establishment of strict duty reception and report, feedback system. Asked the staff and lawyersThe master in the consulting reception of migrant workers in the major violations, immediate feedback to the District Legal Aid Center, to ensure that the activities to achieve results.Actively use legal aid of litigation and non litigation means,And the settlement of arrears, the deduction of wages for migrant workers, migrant workers industrial injury and other violations of the legitimate rights and interests of the problem, made due contribution for the construction of a harmonious chaoyang.

(four) to undertake legal aid cases, efforts to safeguard the legitimate rights and interests of migrant workers.

In daily work, always starting from the interests of the people and the overall situation, simplify procedures and take various effective measures, expand the scope, to relax the conditions, rapid processing, migrant workers legal aid cases. For example, the legal aid center of free legal aid love card, providing legal aid and convenient for holding the card migrant workers. Take the telephone reservation approach to action inconvenience of migrant workers, to provide door-to-door service. In recent years, Chaoyang District Legal Aid Center, give full play to the weak and poor, the spirit of selfless dedication, overcome unimaginable difficulties, try various devices to exclude the difficulty and anxiety for migrant workers, the emergence of many capable of evoking praises and tears deeds. Among them, typically the king root etc.99Migrant workers and Shibalidian a certain site recourse labor compensation case, Wang root etc.99Name of migrant workers are owed wages for no reason, no door, after the District Legal Aid Center of the aid, the defendant to pay the arrears of wages13Million yuan and full implementation in place; Ma Jun injury claim case, the plaintiff Ma Jun to work on a construction site, unfortunately becoming disabled because of work, lack of timely treatment, legal aid lawyer several times braved the heat to consult with each other, finally agree to pay all costs67.8Million yuan; Li Jing work-related disability claims, Li Jing from Shandong to Beijing to work, work is machine cut right upper front, it cost for follow-up treatment costs and damages for many times with the consultations fail, the center of district attorney survey, solved successively through consultation, mediation or arbitration, etc. problems, the final party awarded72Million yuan. These typical cases, through newspapers, radio, television, Internet and other media propaganda, produced good social repercussions, highlights the status of legal aid agencies in the legal rights of migrant workers, to create a good social atmosphere for the work. At the same time, expand the legal aid institutions popularity, many migrant workers in the face of difficulties, can think of to solve the problem through legal aid.

Since our region since the launching of the legal aid work, especially in recent years, the migrant workers legal aid, although a lot of work to do, but also to see the difficulties and problems China faces many. Mainly reflects the governmentAdministrative law enforcement is not in place and supervision,There are several security interests of migrant workers:

A labor contract is not signed in accordance with the law. Some employers do not sign labor contract with the laborer, some through the use of fraud or coercion to sign the contract. The employer is not the purpose of signing the contract in accordance with the law, often for their own future does not fulfill the contract workers set to resolve the dispute through arbitration and litigation obstacles.

Two is the labor remuneration is not guaranteed. The employing units to all kinds of malicious arrears and deduction of wages is more prevalent, few employers to pay workers wages below the minimum wage standard.

Three is labor insurance rights deprived. Many employers are not in accordance with the legal provisions for the endowment insurance, unemployment insurance, maternity insurance, medical insurance, industrial injury insurance and other social insurance for migrant workers, illegal deprivation of labor insurance rights and interests of migrant workers are legally entitled to.

Four is the personal safety can not be guaranteed. Some of the high risk and high pollution enterprises, labor safety and protection measures of primitive and archaic, or no labor safety protection measures. Some employers not to migrant workers safety education and necessary labor skills training, resulting in occupational accidents and occupation disease occurs, constitutes a serious threat to the personal safety of migrant workers.

Five is to the right of rest is not to implement. Construction enterprises in the migrant workers are concentrated and processing industry, often need to rush, rush deadlines, overtime, forced overtime phenomenon is quite serious, and most of them were not adjusted if the payment of overtime wages.

In view of the above violations, migrant workers to apply for legal aid, legal aid lawyers in the case handling process, mainly the following problems encountered:

A, hard evidence. One is the migrant workers do not know against the main body."The provisions of the civil procedure law", the burden of proof the plaintiff, in the interests of the dispute,Many migrant workers, especially migrant workers are the so-called foreman, foreman is given by the labor remuneration settlement, some even after several procedures to subcontract subcontract, workers do not know who the boss is. Once this happens the dispute legal relationship is not smooth, some of the labor relations into labor relations, or become a foreman and workers between civil disputes, such personnel are almost all foreign workers movement of personnel, these personnel all over the country, there is no fixed place, if there is a dispute may even people all can not the legitimate rights and interests, how can be maintained.Two is the rights and obligations are not clear. Because many farmers did not sign labor contract work hours "", unable to get the support of the court. Some migrant workers in violation of rights, has "private" orWho has the intensification of contradictions, increasing litigation and enforcement difficulty; some migrant workers because of their violation of labor discipline and rules, violation of traffic regulations and the emergence of a work-related injury, traffic accident, at a disadvantage in the damage compensation request.

Two, the lawyer is not high enthusiasm.Mainly migrant workers rights of high cost, difficult. Migrant workers as a plaintiff, they do not know the name, address of offenders,To the legal aid institutions for assistance, legal aid lawyers to spend a lot of energy to the investigation, some cases recovered thousands of yuan for migrant workers, lawyers cost will greatly exceed the object of litigation.As for the migrant workers legal aid cases than the flowers for other cases of energy, material is much larger, individual lawyers for migrant workers legal aid cases of enthusiasm is not high.

Three, the legal procedure is complicated. Although the arbitration institutions and the courts at all levels have taken various measures to reduce the arbitration and litigation threshold, but for the majority of migrant workers, rights prescription and lawsuit cost is still high, which is difficult to bear, migrant workers even win, between the cost and the income to pay the serious imbalance. Because of the high cost of rights, the arrears of wages of migrant workers industrial injury accidents, the employer refused compensation for infringement after the incident, the labor dispute arbitration or litigation very low proportion.Some accident, traffic accident cases to be recognized by a number of departments of the accident, disability identification can be as a trial basis, and to defend the rights of migrant workers is often extremely urgent. need money. Migrant workers are mostly poor economic conditions, mainly rely on the wages for the students, meet the employer deduction, wage arrears, to solve the problem through arbitration, litigation, factor. Plus some aid cases even win, also it is difficult to carry it out. Therefore, some migrant workers do not want to solve the problem through legal aid, but had no choice but to give up, and some even take the unusual way.Non litigation cases, migrant workers or helpless to give up, or the use of non normal means to seek the solution.

Four,Claim to.In many cases the other party as a unit, complex background, the resistance; migrant workers due to the poor can not afford to pay legal fees, arbitration fees, appraisal fees, difficult cases into the proceedings; lag the relevant national laws and regulations, make a lot of case can not find the relevant legal basis, which has the right to lawlessness; employment the system is not perfect, resulting in difficult, hard evidence and investigationSome of the legal system is not perfect, the program is unreasonable, the important reasons the tedious lawsuit procedures, duration is difficult to engage in a lawsuit of farmers.Wait. The existence of these problems, the migrant workers rights case to trial difficult, difficult to implement, the phenomenon is very prominent.For workers Taoxin case, by all legal procedures have been completed, to21Month time. If the workers in industrial disputes, more cumbersome procedures, all the procedures go down to29Month. While spending a lot of time, effort, money, if can not win the lawsuit, that is "throw the helve after the hatchet", is tantamount to one disaster after another.  

Five, difficult to execute.For farmers, win win, is pleased. But in many cases, a lot of the parties is "win lost their money", "get back saying empty joy" to go through untold hardships, only to be a "law". Economic conditions for the weak, legal knowledge, social relationship, single farmers, is the big problem.

Three, countermeasures and suggestions

For legal aid for migrant workers, we should solve the following problems:
    (a) to further enhance the understanding

Migrant workers legal aid work, related to economic development and social stability, related to the position of the party and government in the eyes of the people, therefore, should be good grasp, catch effect. To overcome the fear of difficulty, wait-and-see, prevarication, negative thoughts, enhance the work enthusiasm, initiative. Especially to fully realize, migrant workers legal aid has posed a challenge for us, but also bring us a good opportunity, Now or never.

(two) improve the safeguarding network, increase financial support

To take effective measures, extending legal aid tentacles, migrant workers, convenient to quickly obtain aid. For example, with the relevant departments jointly set up a special working site, focus on migrant workers in place to set up the connection point. At the same time, we should actively strive for financial support to the legal aid work, or to raise the necessary funds, conditions can be set up special funds from the financial, legal aid rights guarantee the smooth development of the work.

(three) establish and improve relevant systems, further clear rights Easy Access

Migrant workers legal rights and legal aid cohesion is a problem worthy of study, carry out or affect the work. To be clear about the specific stipulation of migrant workers legal aid scope, conditions, procedures to ensure as far as possible, all does not have the lawsuit of migrant workers can get fast, efficient legal aid.

(four) to speed up the establishment of inter agency coordination mechanism of aid

The case involved migrant workers, input, output the two place. In the case handling process, running both applicant and investigators, be kept constantly on the run is a conspicuous phenomenon. This not only greatly increased the cost, also affected the quality of handling cases in certain procedures. Therefore, it is necessary to establish and perfect the aid agencies, especially between the cooperation mechanism between the provincial aid agencies, in the case of application, materials review, case management, investigation and evidence collection, document delivery, execution, and return to help, in order to reduce the cost of aid, resource sharing.

(five) increase the propaganda work

To take all kinds of effective methods, combined with a typical case, the "labor law", "Legal Aid Ordinance" and other laws, and regulations of publicity, on one hand the migrant workers know the regulation scope of legal aid, conditions, procedures, improve the awareness of legal rights. On the other hand, the migrant workers know the basic legal knowledge of employment, employment and other aspects, to strengthen the self protection ability. At the same time, but also can expand the legal aid work, in order to carry out the work to create a good atmosphere.

(six) focused, and continuously improve the level of legal aid for migrant workers

To start with every link management and handling the case, set up a corresponding system, efforts to do a good job in migrant workers rights protection work. One is to strengthen the migrant workers rights information statistical work, grasp the work of dynamic. Two is to strengthen the investigation and research, summarize the experience and find the problem, put forward opinions and measures to further the work. Three is to strengthen the theoretical study of migrant workers legal aid problems, to explore effective ways of legal rights, strengthen business training, and strive to improve the level and ability of handling a case personnel handling. Four is to establish a perfect case, track inspection system, improve the quality of handling cases.

(seven) together with the relevant departments to strengthen ties

Migrant workers legal rights, is a huge social system engineering, which is not a branch can be alone. Therefore, in the work to strengthen the contact with the relevant departments, establish effective linkage mechanism. May establish working point of contact in the relevant departments, can establish a multi sector to participate in the joint office conditions. Usually have to contact, consultation, mutual help, mutual support, mutual do migrant workers legal rights work.

(eight) increase investment in education of rural migrant workers, strengthen the occupation skill training, and constantly improve the overall quality of migrant workers.

Migrant workers is the predecessor of the farmers, farmers two yuan long in our society there are many obvious be congenitally deficient or defective. Among them, the biggest problem is the lack of investment in education. Inadequate investment in education, lead farmers the opportunity to receive education is far less than that of city residents, the most direct consequence is the farmer's cultural level and technical ability is generally low. The low quality of rural labor force in the process of transferring from rural area to city in nature will encounter this or that obstacles and difficulties, lack of employment advantage, often in a very disadvantageous position in the employment competition. Only improve the overall quality of migrant workers, to adapt to the modern social production requirements, the actual needs of migrant workers is the maintenance of their rights. Of course, work harder, not a cold day. To solve this problem, in the long run, to adjust and improve our educational resource structure, increase investment in rural education, the state financial expenditure to incline to the rural education. The full implementation of the compulsory education must begin from the country implements nine year compulsory education free system, let the countryside all school-age children receive nine years of compulsory education, so as to improve the level of education of peasants. Judging from the recent, occupation skill training project must vigorously implement the migrant workers. Migrant workers in the occupation skill training is a huge system engineering is very urgent, the guiding ideology, we must adhere to the employment oriented training, employment guidance. In the training content, to use a variety of ways, adhere to the skill training, improve the rural labor force's ability of practice. In the training funds, to the implementation of government money for training practice, and combine the use of fiscal support policies and incentive measures, further mobilize individual, migrant workers with a positive unit, education and training institutions, multi-channel, multi-level, multi form development of peasant workers training work. In the specific implementation process, the migrant workers skills training with the national occupation qualification certificate are connected, improve their employment competition ability and level. At the same time, but also to strengthen the basic rights of migrant workers and maintenance, legal knowledge, occupation ethics and cultural knowledge, in order to improve migrant workers awareness of self-protection and protection ability.

(nine) the adjustment of city management philosophy and policy design, advocate the city civilization, create equal and harmonious social atmosphere.

2004Years of the CPC Central Committee1Document clearly pointed out, "the peasant workers has become an important part of industrial workers". This thesis not only admit the working class attribute of migrant workers, migrant workers and make sure the important position of the working class, but also fundamentally eliminate the obstacles of migrant workers into the city society. However, to really establish the status of migrant workers industrial workers, especially to migrant workers into the city society life of citizen, it needs a gradual process. From the government to implement the administrative point of view, the government needs to transform the city management idea, cannot treat migrant workers this increasingly large scale, more and more strong social groups as a marginal group, they have not the city's passing, but the new industrial workers, is a new member of city residents, is the new citizen vigorous growing. The rural labor force to the city of the transfer, and the management of migrant workers, should be adjusted according to the rules of market economy, the government should do is to guide and service. For the past for all unreasonable discrimination policy, must be in the removal of the premise, try to reduce its influence until destroyed. At the same time adjustment policies, and actively create conditions for migrant workers and city residents, strengthen the communication and fusion. Hand to guide the public to correctly treat migrant workers in the city of role in the economic and social life, and the influence of the original interest, advocate the city civilization tolerance. On the other hand, to guide the migrant workers to the city's identity and belongingness, cultivating their civic awareness and equality consciousness, establish the city civilization to modern thinking and concept of value, improve the adaptation of modern society morality and intrinsic quality, developing good civilized way of life and living habits, self-confidence, self-reliance, self-esteem, self love, enterprising, unremitting self-improvement. To let the migrant workers in city, modernization, and provide them with city residents equal political rights, national treatment and public service, to radiate the spirit of the masters and entrepreneurial enthusiasm. Only in this way, migrant workers and city residents to mutual understanding, mutual communication, mutual tolerance, live together in peace together, migrant workers can really integrate into the city society, a harmonious society of equality, freedom, beauty can only be construction and implementation. We should take the following measures:

1, "labor contract law" legislation formulation. Because of the particularity of migrant workers,Employers and migrant workers generally do not sign labor contract, is the result of frequent reasons can not be protected by law in arrears of wages of migrant workers. The existing laws, rules and regulations in our country the legal responsibility for not signing written labor contracts, not clearly effective provisions. Therefore, the labour Inspectorate in actual law enforcement work because there is no labor contract basis, investigate and deal with difficult. To standardize the employment behavior, strict management of labor contracts, the NPC Standing Committee shall formulate the "labor contract law", clearly defined employment unit and migrant workers must sign a written contract, and the specific provisions of labor contract should have the responsibility of terms related to labor remuneration and form of payment, payment standard, the payment time, in violation of the labor contract.

2The law revision, "construction law". Arrears of wages of migrant workers problems need to involve the revision "construction law" to solve the construction industry. Key additions and modifications to the following terms: (1) make "construction units started to the administrative department of labor and social security pay wages security payments" clause. Provisions in the prior to commencement of construction projects, the construction units must be in accordance with engineering price, pay a certain proportion of migrant workers wage protection fund, managed by the construction administrative departments responsible for the administrative departments of labor security supervision, use. The construction unit can not be timely and full payment of wages of migrant workers, construction administrative departments have the right to draw support from the wage protection fund, arrears of wages of migrant workers to pay in advance. To refuse to pay the guarantee for construction units, departments not to approve its construction; project started, has the right to order it to suspend construction. The implementation of the protection of wage payment terms in the real estate development project, be effective to solve the problem of wage arrears of legal protection of enterprises. (2"Developers and contractors) Regulations shall bear joint and several liability" clause. In order to guarantee the development of project guarantee system key, developers and contractors to provide performance guarantees, both sides are jointly and severally liable in the wage arrears of workers within the scope of. (3) make "construction project initiation and approval linkage" clause. Where there is the default behaviour of units in the application for project initiation, planning, construction permits and other formalities, arrears units must first after the settlement of arrears, the examination and approval department shall handle the relevant formalities to give. There are outstanding works completed development and construction projects,Without the approval of its new development and construction projects. And downgraded in quality inspection,The cancellation of the qualification certificate of serious. (4) increase and refinement of legal liability punishment. The current laws and regulations, the lack of penalties for arrears behavior, difficult to effectively control the default behaviour. As the increase in arrears of wages of migrant workers economic penalties on employers, aggravate the legal liability of the employer because of wage arrears should bear the legal responsibility, should increase in the "construction law" in the highest can be in of arrears of wages of migrant workers behavior30Million in fines provisions.

3"The wage payment regulations, formulate". In accordance with the relevant legal provisions of the state, pay at least once a month to pay, a week, day, hour wage system can be paid weekly, daily, hourly. According to this provision, has laid a legal foundation for the implementation of the "weekly". Make "wage payment regulations" provisions of the peasant workers wages can be changed "salary system" to "weekly". Also, also should stipulate employer appears to delay the payment, infringes upon the lawful rights and interests of workers the situation, given the severe punitive liability. Make "wage payment regulations" is the settlement of arrears of wages of migrant workers legal measures.

4, "criminal law" will be malicious arrears of wages determined as crime. Some people think that the wage arrears of workers is an economic phenomenon, belongs to the civil law category. But because of the malicious back pay phenomena, to combat malicious wages, can use criminal means, make a crime to the enterprise the malicious back pay problem. In the "criminal law" add a "crime of malicious debt", the provisions of the enterprise workers owed wages malicious, amount is huge, or if there are other serious cases of serious consequences, shall be investigated for criminal responsibility on major, malignant on enterprises personnel in charge and other directly responsible personnel, severely punish relevant default behavior including arrears of wages of migrant workers. If you think the formulation of new charges is not necessary, can consider to be "criminal law" in the crime of embezzlement of the reasonable modification, modification of the crime of embezzlement can also be considered and shall also be fined. Through the "criminal law" will be malicious default behavior defined as criminal acts, the fight to curb malicious wages phenomenon play a very good role.

5Strengthen the legislation, local legislation. China's "legislative law" the sixty-third stipulation: "big city people's Congress and its Standing Committee according to the specific situation of the city and the actual needs of the premise, in the local regulations of the constitution, laws, administrative regulations and the province, autonomous region of conflict, to formulate local laws and regulations, the Standing Committee of the people's Congress shall be submitted to the provincial, autonomous region for approval before implementation." Therefore, in accordance with the provisions of the local people's Congress and its Standing Committee may enact local laws and regulations according to local conditions. Formulate concrete measures to establish the wage report or on the early warning system, as one of the main basis for the evaluation of the integrity of enterprise labor protection level enterprises to pay wages of migrant workers, the establishment of construction enterprises and employment disciplinary mechanism with construction administrative departments, the serious or malicious arrears of wages for migrant workers in construction enterprises, adopt clear the local construction market measures. Supporting the development of relevant laws and regulations, the administrative department for Industry and commerce behavior of wages to effectively restrict the employer arrears in industrial and commercial registration, annual inspection of enterprises, long-term arrears of wages of the employer, can defer the annual examination of the enterprise until revoke their business licenses. In the construction of enterprises and real estate development enterprise quality inspection, will be whether the arrears of wages of migrant workers as part of.

(ten) the establishment of a long-term mechanism to protect the rights of migrant workers. Law enforcement department should carry out the labor law and the arrears of wages of migrant workers special law enforcement inspection, law enforcement should also establish and improve the payment of wages of migrant workers, monitoring, security system, timely correct and punish violations of law and discipline problems in arrears of wages for migrant workers, to ensure that the relevant wage payment regulations and policies have been implemented in an all-round way. Project Construction Committee to take will cancel the malicious wages and measures to guarantee the adverse effects caused by the construction enterprise qualification, from building market. The administrative law enforcement departments punishment on wages should be not only economically, should also include business credit, industry access and a series of relegation restrictions, therefore, to make full use of legal means to strengthen law enforcement, is an important measure to safeguard legitimate rights and interests of migrant workers in accordance with the law.

(eleven) the farmer rights and interests protection of the judicial relief mechanism

The people's court in arrears of wages of migrant workers the admissibility of the case, make less, slow, no decision on the economic difficulties of litigation fees shall accept the case; as far as possible to shorten the time, suitable for simple procedure, fast, fast, in accordance with the law on the trial faster execution; for qualified can take enforcement measures; in the judgment, shall be migrant workers litigation delay costs, lawyers fees, travel expenses, the witnesses to appear in court costs direct losses are included in the scope of compensation. Ruling for some deliberately fails to perform the obligation of judgment, pay the surcharge for delay of performance two times the standard bank loans at interest rates over the same period should be performed in the.

To make a long story short, to complete management of arrears of wages for migrant workers, need to get legislation, law enforcement and legal aid mechanism organically, the prevention and suppression of arrears of wages for migrant workers from the source, can be blocked in arrears of wages of migrant workers migrant workers rights and interests of loopholes, the most basic will be better maintenance, to promote the healthy social and economic development, has the reality the sense is very great.