For 98 fellow workers

【Rights Protection Process】

Although it was the depth of winter, the case was urgent. Nearly 100 migrant workers had not received their wages on time; how would they celebrate the New Year! The legal aid lawyer team immediately adopted a "five-day work week plus two days", "day and night" work mode. Lawyer Wu Yongneng provided ideas and solutions; intern lawyer Shen Lingjie was responsible for coordination and docking with the China Fortune Fund project; intern lawyer Hu Xinsheng assisted in handling entrustment procedures and collecting and verifying the information of the entrustors; and lawyer Peng Shijun was responsible for retrieving legal basis and supplements. After a week, they finally completed the accumulation and organization of materials. However, on December 28th, at the case acceptance office of the Gongshu District Labor and Personnel Dispute Arbitration Commission, after review and verification by clerk Zheng Yu, the case was not accepted: there were several inconsistencies in the migrant workers' ID information and signatures, raising doubts.

If it is understandable that the migrant workers' representatives casually collected and pieced together the identity information of all migrant workers, it is unacceptable that the legal aid staff failed to discover this "casualness" in time. Acting too hastily often leads to mistakes. After deep reflection, Lawyer Wu Yongneng and the team members patiently explained and persuaded the migrant workers, even providing comprehensive legal education from the legal aid procedures to the substantive aspects, and the migrant workers finally became convinced and cooperated actively. Of course, this inevitably increased the overtime for the legal aid lawyer team and the staff of the Gongshu District Labor and Personnel Dispute Arbitration Commission. President Zheng Caiyue and Vice President Zhang Yi even led clerk Zheng Yu, Ding Yuanting, and others to abandon their lunch break, bringing their lunch to the office to work overtime and carefully review the case filing materials.

The Arbitration Commission successfully filed the case, reached an arbitration agreement, signed the "Arbitration Mediation Document," and applied for enforcement. However, it was not filed at the court!

Facing 98 applicants, Judge Yu at the execution filing window of the Gongshu District People's Court looked embarrassed. She said that according to work requirements, the 98 migrant workers in the execution application must be filled out separately, one case per person. Although the Arbitration Commission listed the 98 people together, using one legal document, the court's execution procedure is different.

They said to divide it into two, divide it into three, and we have to divide it into 98. After four days of "day and night" work, 98 application forms were made, supplemented by the main identity information and evidence materials, forming 98 independent and complete application execution case filing materials. After a week's wait, we finally received a series of legal documents such as the "Notice of Acceptance of Execution Application Cases" and were informed that Executive Judge Chang Xiaoyong would handle the case.

Shen Lingjie immediately contacted Judge Chang. Judge Chang's attitude was very clear: as the New Year was approaching, he would contact the construction company and the District Education Bureau as soon as possible. Once the execution funds were transferred from the District Education Bureau to the construction company's account, they would immediately transfer them to the court's special execution account, and the migrant workers could simply receive them according to the court's instructions and go home for the New Year with peace of mind.

At the Enforcement Bureau, Lawyer Wu Yongneng carefully listened to Judge Chang's introduction of the execution progress and learned that the court had taken relevant measures against the legal representative of the construction company to avoid obstacles to execution. Lawyer Wu thanked the court's enforcement bureau for its thoughtful consideration and efforts, recalling that the leaders of the District Committee and District Government attached great importance to this case, and the leaders of the Beijing China Fortune Fund project were also paying close attention to the progress. With only 10 days left before the Spring Festival, it is hoped that the issue of wages for the 98 migrant workers could be executed before the festival so that they could go home for the New Year with peace of mind after working so hard for a year.

On February 3, 5 days before the Spring Festival, Chen Louwei called Shen Lingjie, informing him that the court would distribute the execution funds to the 98 migrant workers in the afternoon.

On February 14th, the seventh day of the first lunar month, the first day back to work after the festival, Shen Lingjie arrived at the office early, exchanged New Year greetings with his master, Lawyer Wu Yongneng, and frankly said that "this New Year seemed a little unsettling." He then called Judge Chang to inquire about the execution progress. Judge Chang replied that the exact number of people who had received the execution was unclear, and that the migrant workers could receive the corresponding execution funds with their ID cards. After the execution was completed, the court would issue a statement as proof of closure. Shen Lingjie then called Chen Louwei to inquire about how many people had gone to the bank to collect the money and urged them to collect it as soon as possible to ensure effectiveness.

Chen Louwei told Shen Lingjie that some migrant workers had not received the execution funds in time mainly because they were afraid of missing the bus tickets if they went home late, so they would only go to the bank to collect the money after returning to Hangzhou from their hometown after the Spring Festival.

【Not the End】

On Wednesday afternoon, March 9th, migrant worker representatives Chen Louwei, Wang Bo, Jin Conghui, Wang Guangdong, Guan Liqiao, Qian Genlin, and others came to the office to present a banner to the Wu Yongneng lawyer team on behalf of the 98 migrant workers, expressing their gratitude. Wang Hongyao, the person in charge of the China Fortune Fund project at Hangzhou Tianxin Law Firm, warmly received the migrant worker representatives. Lawyer Wu Yongneng thanked the migrant worker representatives for their support and cooperation in the rights protection process and sincerely solicited their opinions and suggestions, hoping to optimize future legal aid work. Then, Lawyer Wu Yongneng contacted Judge Chang, expressed gratitude to him on behalf of the 98 migrant workers for his hard work, and made an appointment to further discuss and exchange views on the legal issues reflected in this case...

(Provided by: Wu Yongneng Lawyer Team, Zhejiang Hangzhou Tianxin Law Firm)