Although faced with difficulties such as tight time, large number of people and complicated cases, the Legal Aid Center decided to take over this labor and social security treatment dispute case with a total amount of 2.5 million yuan. Thanks to the efforts of the freshmen and sophomores in the Legal Aid Center, 26 employees submitted the indictment on time, and after mediation by the court, they successfully obtained a one-time compensation of 80,000 to 65,438+10,000 yuan each. ?
When Zhang, a freshman, learned that the party was going to send a banner to the school, he had already gone home on holiday. Although there are some regrets, she still feels very happy to know that her uncles and aunts are satisfied with the result. ?
On the morning of July 13, several staff representatives of the musical instrument factory sent a banner to the students of the Legal Aid Center of the Associate Lawyers Association of the University of Political Science and Law: "Legal aid warms people's hearts, provides free services and solves people's worries." Since most of the students have gone home, two students from the left-behind school accepted the banner on behalf of everyone. ?
Prior to this, with the help of the Legal Aid Center, 26 employees of a musical instrument factory in Changping District each successfully received a one-time compensation of 80,000 to 65,438+10,000 yuan. This is undoubtedly a great encouragement to the more than 20 students who participated in the funding. Most of them are freshmen like Zhang. This group of students who have just come into contact with the law, under the leadership of their senior two brothers and sisters, ushered in their first "victory." Being able to gain the trust of the parties and finally help them solve their problems makes many students very happy. "This legal aid experience can be successful. I am really happy, very happy and very fulfilled!" ?
Although the civil mediation book issued by the court did not leave any students' names, their efforts in the case were recognized by the parties. Wang Dianfang, an old employee representative, said that without the help of these students, he might not get back the pension insurance compensation. "Some of them are younger than my own children, but they are reliable and serious, and they are also very enthusiastic about us." ?
In April this year, 26 old employees of the musical instrument factory applied to the Labor and Personnel Dispute Arbitration Committee of Changping District, Beijing for labor arbitration, demanding that the musical instrument factory pay the old-age insurance for everyone. However, because all 26 people have exceeded the statutory retirement age, the application was not accepted. In desperation, 26 people decided to file a lawsuit with the court. ?
Although they decided to go to court, they were confused about how to fight the lawsuit and how to write the indictment. Recommended by Changping District People's Court, they found the Legal Aid Center of Associate Lawyers Association of China University of Political Science and Law. "It is said that law students can help write the indictment. We went to school and saw the students on duty as soon as we arrived at the school gate. " ?
It is Zhang who is in charge of receiving them. She introduced that the center generally receives the parties at the school gate. "There is no indoor rescue center in the usual sense." Although the "reception desk" is a bit crude, there are still many people who come here for help. Zhang said that so far, he has contacted dozens of legal aid cases, "although not every case can be solved". ?
According to her, every member of the club should be on duty at the school gate at least once a week. "They all use the lunch break at noon. There will be at least two or three parties on duty each time, and there will be five or six when there are many. " Some of these people are recommended by the court, and some are recommended by the parties who have received assistance before. The main service provided by students is to popularize legal knowledge and help them write indictments. ?
Don't underestimate the writing of the indictment. For the case of the musical instrument factory, the students spent a lot of energy drafting the indictment of 26 people. ?
According to the relevant provisions of the Law on Mediation and Arbitration of Labor Disputes, if a worker refuses to accept the notice of dismissal of prosecution, he may bring a lawsuit to the people's court within 15 days from the date of receiving the notice. In other words, the time left for students to draft the indictment is only 15 days. ?
In addition to the tight time, it is also a big problem that the 26 parties have completely different experiences and demands. In order to clarify everyone's "timeline", the students specially organized a field trip, chatted face to face with the employees of the musical instrument factory, confirmed the nature of the musical instrument factory through communication with the surrounding villagers and village committees, and ensured that the musical instrument factory had the funds to pay endowment insurance for the old employees. ?
During the May Day holiday, more than 20 students of the club voluntarily gave up the holiday and got together to draft the indictment. Some people may think that it should not take a long time for a person to draft an indictment. But in fact, in order to make the indictment more rigorous, many students endured several days to finally complete it. Zhang, one of the persons in charge of the case, explained: "Because I am still a student, many things will go wrong, so I always have to revise them again. If you encounter knowledge that you don't understand, you need to consult your teacher, brothers and sisters, or search for it yourself. " ?
After the legal documents were submitted to the court, all the applications for prosecution and preservation of 26 people were accepted. In late June, everyone learned from the parties that after mediation by the court, everyone had reached an agreement with the musical instrument factory, and each party received a one-time compensation ranging from 80,000 to 65,438+10,000 yuan, totaling more than 2 million yuan. ?
After getting the news, Zhang Zongming, the former head of the duty department as one of the case leaders, seemed very calm compared with the joy and joy of his younger brothers and sisters. "I am glad that the two sides have resolved their conflicts and disputes through mediation. However, there are still some employees who have not achieved the expected results. After the verdict comes out, we will continue to follow up the progress of the case and further provide legal aid as far as we can. ”？
Zhang Zongming is a sophomore this year. As a senior and elder, he provided a lot of advice and help in this labor dispute case. "Although the freshman year is the main force of our community, the brothers and sisters of sophomores, juniors and seniors will also provide help when they encounter areas that their younger brothers and sisters have not yet learned." He introduced that when he first came into contact with legal aid, his brother and sister taught him. Now, although he has "stepped down", he is always concerned about the difficulties encountered by his brothers and sisters in the process of helping. ?
When the indictment was submitted, one party suggested that students could be invited to act as case agents. After consulting with several other students, Zhang Zongming refused the request. This may be a novel experience for a junior who has just come into contact with the law, but Zhang Zongming has a longer-term consideration. ?
"This case is one of the typical types of cases in which legal aid is in daily contact. From a legal point of view, it is not difficult to solve. But on our side, the bid of 2.5 million yuan far exceeds the students' personal affordability, and the litigation risk is too heavy. At the same time, in the context of the shortening of the current semester, it is very likely that after taking the agency rashly, the court's trial limit will be roughly estimated, which will affect the normal review of student agents and even cause conflicts between the trial and the final exam. This is something I don't allow to happen among my employees. After comprehensive consideration, after consulting my brother with agency experience, consulting our management and conducting a field trip to the employer, I decided to give up the agency. " Zhang Zongming said. ?
For the students in the legal aid center, although the case of the musical instrument factory has come to an end, the legal aid is not over yet. ?
When summing up his feelings about this case, the freshman Ji of the College of Criminal Justice wrote: "Since he joined the Legal Aid Center as a freshman, there have been many clients in the South Gate, but the help to the clients has basically ended in failure, saying that he is not disappointed is false. I have also asked myself many times whether legal aid is meaningful to the parties. Therefore, helping the aunts in the musical instrument factory to get compensation this time is not only a case of' successful legal aid', but also a sense of accomplishment. More importantly, I answered the questions I have been asking. When I saw the news that my aunts succeeded in getting the compensation, I suddenly understood that even if the success rate was very low, as low as a small Mars that was about to go out in the fireplace, our efforts could make this Mars bigger and bigger, thus lighting up the hopes of the parties concerned. What we are doing is meaningful. " ?
Gao Xin, a freshman at International Law School, said, "Many people say, what can a group of students do? How many people can they help on duty every day? The goal of legal aid in my mind is: even if there is, we are duty-bound. Even if not, we will be happy about it. " ?
Zhang Zongming has planned his future career: "He may become a lawyer and will never give up legal aid." ?