A Classic Case of Beijing Yilian Labor Legal Aid Research Center

The first case in China: Yilian successfully mediated a group labor dispute case-a 43-person collective case.

The case occurred in late September 2008. Li Hongsheng and other 43 migrant workers from 8 provinces are engaged in stone processing in Beijing Futuo Company. On August 1 day, 2008, the company informed all workers to go home and rest from August 1 day to September 20, 2008 on the grounds of traffic control during the Olympic Games, and the commencement date was expected to be determined after the Olympic Games. However, after September 20, 2008, the company refused to let the workers return to work and no longer paid any wages on the grounds of sluggish operation and economic difficulties. Workers think that the company's approach is to dismiss employees in disguise. In view of the company's illegal behavior of continuing to default on wages, 43 migrant workers collectively terminated their labor contracts with the company.

Through Haidian District Labor Bureau, Li Hongsheng and they found lawyer Yilian for consultation. After fully understanding the case, Yilian lawyer Li Jiajian thought that they met the conditions for legal aid and applied for legal aid from Haidian District Legal Aid Center on their behalf. Haidian District Legal Aid Center attached great importance to this case and quickly assigned the case to Beijing Yilian Labor Legal Aid and Research Center to provide legal aid. Lawyer Han Shichun of Yilian Law Firm undertook the case. In order to solve the urgent needs of the workers as soon as possible and avoid the intensification of contradictions, lawyer Han Shichun carefully analyzed and discussed with the workers and put forward a feasible mediation plan. In the contact with the unit, he understood the stakes and expressed the hope that the two sides would handle the dispute reasonably and solve the problem as soon as possible through mediation. After studying various materials, Mr. Han decided to mediate, which not only helps migrant workers get compensation as soon as possible, but also conforms to the principle of mediation first and then handling labor disputes. With his excellent professional level and rich negotiation skills, he finally persuaded the management of Futuo Company to accept Yilian as a mediator to deal with the problem. After four long and arduous negotiation and mediation processes, on February 13, 2009, the two sides finally reached a settlement, and 43 migrant workers finally got 230,000 wages and economic compensation under the auspices of lawyer Yilian. Yilian not only helps migrant workers to safeguard their legitimate rights and interests according to law, but also makes the first group labor dispute case successfully mediated by legal aid lawyers come true.

Three years later, a group of legal aid helped Henan migrant workers get 620,000 compensation for work-related injuries.

Yilian provides legal aid agent for Zhang Xianfa, a Henan migrant worker in Beijing. In the face of heavy resistance from employers, labor departments and judicial institutions, Huang Leping's lawyers' team lasted for two years, and finally awarded Zhang Xianfa 850,000 yuan in second instance. However, the employer failed to fulfill its responsibilities, and Mr. Huang made persistent efforts to apply to the court for enforcement. Finally, in September 2008, Yilian helped Zhang Xianfa's family get 620,000 compensation for three years. Workers' Daily reported this case as a classic case of "excellent lawyers defending workers' rights and interests in China", and Xinhua News Agency, Legal Daily, Jinghua Times and other media also reported this case one after another.

Lawyer Yilian represented the first case of "confirming suicide as a work-related injury" in China.

Yang Tao, an employee of Beijing Railway Bureau, suffered a head bruise at work and committed suicide after cutting his wife and children half a month later. The road to work-related injury identification was quite difficult, and his family found Yi Lian. In the face of this horrible family, although it is a difficult problem in the identification of work-related injuries, Yilian decided to provide help with public enthusiasm and professional spirit. In May 2007, lawyers Huang Leping and Zhu Maolin helped him. On August 1 day, 2008, Beijing No.1 Intermediate People's Court made a final judgment, ruling that "the work-related injury identification of Jinghai Labor Society of Haidian District Labor and Social Security Bureau of Beijing was revoked, that is, Yang Tao died on February 15, 2006, which was neither recognized as a work-related injury nor regarded as a work-related injury". This case has aroused the enthusiastic concern of the society. Many media reported one after another, among them, Procuratorate Daily reported on April 9, 2008 with a nearly full-page "a test paper denying judicial psychological appraisal".

Yue industrial injury treatment case: persistence and attachment are with you.

On September 20, 2007, the company's porters Yue and Manager Zhao went to Daxing warehouse to sort out the goods on the shelves, and they were seriously injured by the suddenly tilted and collapsed shelves. After the unit refused to pay medical expenses, the family members applied to the labor department for work-related injury identification. In July 2008, he was identified as a second-grade disability, and most of them relied on nursing. After tossing and turning, Xiaoyue's family found Yi Lian and asked Yi Lian to provide legal aid. Yilian approved the provision of legal aid in the shortest time, and in one day, Yilian prepared all the necessary materials. In June 2008, 5438+065438+ 10, the company was finally willing to pay RMB 2 10000 as compensation for Yue. Although this money is only a drop in the bucket for Yue, a second-degree industrial injury, it is a great comfort to this almost desperate family.

There is a miracle in labor rights protection, and it has been 0/6 years.

1September 8, 992, Xu Yulin, who was on duty, was seriously injured by criminals in order to maintain the normal order in the workplace. In the later period, the Xu family was unable to pay huge medical expenses, which delayed the treatment, aggravated Xu Yulin's condition and soon appeared serious mental disorder. 1July, 998, after a lapse of six years, Xu Yulin was finally recognized as a work-related injury, and his disability was identified as a fourth-grade disability. However, the coal mine did not actively implement Xu Yulin's work-related injury insurance benefits and was unwilling to bear the medical expenses for work-related injuries. Therefore, Xu Yulin's condition deteriorated and he died at home by mistake on February 27th, 1999. After Xu Yulin's accident, his father Xu Changhai kept petitioning for his son's rights protection until his death. From June 5438 to October 2006 10, Xu Yulin's eldest brother Xu Yubao found Yilian through the rights hotline. Lawyers Huang Leping and Zhu Maolin, directors of Yilian, attached great importance to this case and represented it in person. The case has gone through labor dispute arbitration, first instance and second instance of civil litigation. In 2000, Fuxin Intermediate People's Court finally awarded JOE compensation of 654.38+600,000 yuan. Xu refused to accept and appealed again. In June 2006, 165438+ 10, with the efforts of lawyer Huang Leping, the court of second instance decided to start the retrial procedure. Due to the typicality of the incident, with the support of the All-China Federation of Trade Unions, Fuxin Federation of Trade Unions and many well-known domestic media, lawyers Huang and Zhu, under great pressure, entered the retrial and second trial procedures. After many efforts, they finally ended the two-year retrial procedure. Xu Jiahe finally reached a settlement and Xu Yulin received compensation of 630,000 yuan. Yilian also successfully helped the Xu family completely solve the case that dragged on for 16 years, and really committed to safeguarding the legitimate rights and interests of workers.

When employees encounter work-related injuries, Yilian's legal aid is people-oriented.

On June 24th, 2006,165438+1October 24th, the day after I officially started work, it was still dark at six o'clock in the morning. Li Hong, who went to the construction site on the second floor in the dark and wanted to wear neat protective equipment, stepped on the air and fell heavily. During the hospitalization, Li Hong's family found the unit many times and asked the unit to take money to save people. The construction site only took out 30 thousand yuan and handed it over to the hospital. Since then, the unit has never paid any fees. After many twists and turns, Li Hong's family found Yi Lian and Huang Leping and asked for legal aid. After the investigation of the contractor by Yilian was true, the Haidian District People's Court supported our defense opinion and ruled that there was a factual labor relationship between the two parties. In the process of work-related injury identification, the staff of the work-related injury department of the Labor Bureau asked Yi Lian to understand the relevant situation. According to their opinion, it is difficult to identify work-related injuries in this situation, but mediation can be carried out. In order to solve the dispute between the two parties as soon as possible and protect the interests of workers to the maximum extent, the Labor Bureau presided over the mediation between the two parties on June 27, 2007, and Yilian participated in the whole negotiation process as an agent of one party. Finally, after many consultations, Li Hong's family finally got 90,000 yuan in compensation with the help of lawyer Yi Lian. At this point, it is the responsibility and belief of Yilian to adhere to the road of safeguarding rights.

Yilian exerts its credibility and presides over compensation for work-related injuries.

Pu Youquan, an employee of a mechanical section of Beijing Railway Bureau, was stabbed by drunken employees at work for no reason and was in a vegetative state. The labor department recognized it as a work-related injury according to law, and the unit also paid the work-related injury treatment according to law. Pu Youquan is the main source of income for the family, so Pu Youquan's wife filed a criminal incidental civil lawsuit with the court, demanding compensation from the infringer. The individual was unable to pay compensation, but the unit was able to pay compensation. In this case, Pu Youquan's family found Yi Lian and asked for legal aid. After accepting the application, in view of Pu Youquan's situation, Yi Lian suggested that Pu's family negotiate with the unit. At the same time, lawyer Yilian actively contacted the unit, worked for the unit many times, and had in-depth exchanges and repeated consultations with the unit on the principle, content and form of compensation. In this case, after many difficult mediations by lawyer Yilian, the unit finally paid an additional compensation of 230,000 yuan for work-related injuries at one time. Sending hope to disabled workers like Pu Youquan and their families is what Yilian does every day.