The Story Of Rights Protection: The Chairman Of The Trade Union Encountered "Rough" Dismissal.

Li Ping (a pseudonym) is a dutiful union chairman. In 2011, the company announced that the production was shut down. When he began to lay off workers in 2012, he began a non-stop Negotiation: how much compensation should be given to the workers, what demands do the employees have, what is the contradiction between the workers and the enterprises? Li Ping is like a tireless "perpetual motion machine" and gave up.

We should serve as many workers as possible.

The layoffs continued for three years. By 2015, only a few people, including Li Ping, were left in the company.

With the efforts of him and trade union cadres, the overwhelming majority of the workers have achieved satisfactory results in consultation with enterprises.

Li Ping can say that he has done great work in resolving disputes between enterprises and workers, but this has not brought him good fortune.

In June 2015, the enterprise shifted the target of layoffs to Li Ping's elders. There was no compensation, no reasons to be lifted, and even the prior notice of dismissal was not available.

Li Ping, who has always insisted on dealing with labor relations in accordance with statutory procedures, was somewhat unprepared, and made it difficult for him to understand. In the process of reporting layoffs to higher level trade unions, Cao Lu town Federation of trade unions learned about this.

Perhaps it was out of professional sensitivity, or perhaps a grievance for a diligent and conscientious trade union chairman. Cao Lu town Federation of trade unions first reported to the Pudong New Area Federation of trade unions when he heard about it.

"We understand the general situation and feel that safeguarding the rights of the union chairman is something we must do at the higher level."

The Pudong New Area Federation of trade unions' rights protection department did so. Soon, in July 2015, Shanghai Jiangdan law firm, a well-known Labor Law Institute in Shanghai, accepted the Commission.

Cui Yana, a lawyer of the Shanghai River Triangle law firm, who is fully responsible for the case, told reporters that several controversial points in the Li Ping case included the termination of the term of the president of the trade union to May 31, 2016, whether the company unilaterally lifted the violation of the special protection of the trade Union Law, whether the suspension of production and production had an impact on his unpaid annual leave, and the allowance of the chairman of the trade union.

From the investigation, collecting evidence, drafting an application and submitting a petition, Cui Yana and his colleague Huang Huang arranged all the procedures, and the Pudong New Area Federation of trade unions also held meetings with lawyers on an irregular basis to understand the course of the incident.

Finally, after two years of arbitration, first instance and second instance, the court decided that the enterprise should pay Li Ping's compensation for breaking the law, compensation for the rest of the annual leave, and the union chairman's allowance, totaling more than 43 yuan.

"The key point in this case is the status of President Li Ping.

The end of the term of office is the focus of controversy.

Among them, the chairman of the trade union has a notice of the general administration to enjoy the administration of deputy posts, but there is no legal guarantee. Fortunately, before Li Ping became president of the trade union, there was a letter from the enterprise to reply to the General Union of Cao Lu, and the amount of allowance that Li Ping should enjoy was clarified. Although the amount of gold was different in the specific implementation, it actually fulfilled part of it.

Cui Yana analysis.

Key words: fully mobilized Li Ping finally received more than 43 yuan compensation. His victory was benefited from the decision of the Pudong New Area Federation of trade unions to introduce professional social forces, thanks to the early intervention of Cao Lu's general trade union, and also from the professional ability of lawyers in the Shanghai triangle.

His success in safeguarding rights is the result of the mobilization of legal aid forces in Pudong.

Pudong has a large area and a large number of labor disputes, and the number of personnel seems to be large. But in practice, it still seems to be overstretched.

On the other hand, the existing team is relatively young. Although they have more solid theoretical knowledge, they have short board and lack of practical experience in the work experience of the masses. Sometimes, the legal aid work is in a passive situation.

Therefore, a few years ago, Pudong began to explore the integration of social forces.

Through resource integration and purchase services, we have established a social rights protection team including social lawyers, trade union volunteers, etc., and enhanced the professional level of the team through strengthening the service strength of instructors in labor relations.

At the same time, the district also actively excavated the trade union's own strength.

Based on "doing well in middle school and doing middle school work", the trade union legal aid workers should take turns in practice training, and enhance their ability and level by way of personally handling labor disputes and dealing with concrete labor disputes with teachers.

Another feature of Pudong's legal aid is the effective docking with government departments, especially the labor and social security administration departments, the social security agencies, and the security supervision departments. It also promotes the establishment of a point to point relationship between the Street towns, the trade unions of the development zones and the departments of the labor and social security administrative departments.

In 2016, the district and District Social Security Center conducted 7 joint enforcement actions, urging enterprises to voluntarily fulfill their obligations to pay social insurance premiums, involving 26 enterprises, and 93 joint investigation on labor safety accidents with the district safety supervision departments, urging enterprises to continuously enhance safety awareness and improve safety measures.

Key words: full coverage in Li Ping's case, Liu Shufu, Minister of Rights Protection Department of the Pudong New Area Federation of trade unions, mentioned more than once that if he was not a trade union chairman, he knew more trade union work and changed into other workers. Perhaps he would not think of the need for rights protection for the first time and find the family members of the labor union.

Though in recent years,

The intensity has been increasing, but the awareness of staff members needs to be improved.

When workers encounter labor disputes and conflicts, they seldom seek legal aid from labor unions. This makes the legal aid agencies of trade unions mostly play a role in information pmission. The work of legal aid centers, sub centers and information stations also mainly stay in legal consultation and law propaganda.

In order to break through this dilemma, the Pudong New Area Federation of trade unions established the barrier free access to services, namely, free services, providing free services to all legitimate demands of employees, writing legal documents and other free services; unlimited status, that is, no matter whether workers are formal workers or informal employees, there are no restrictions; time and space are not obstructed, that is, regardless of time and place, as long as workers have needs, they will try their best to provide assistance with full coverage strategy.

At the same time, with the help of the "union union" of the powerful union service system of the Federation of trade unions, through the window of "I want to protect rights", I directly connect with the workers and staff members, and establish the working mechanism of "business dispatch + time limited feedback".

Key words: it is not enough to enhance the awareness of legal rights protection of trade unions.

The core element in the status of employees is service and action.

The Pudong New Area Federation of trade unions advocates all-round and multidimensional assistance.

Including the exploration of standardization and standardization of work guidance mode, through the compilation of printing workbooks, training of trade union legal cadres and the improvement of rights protection liaison staff system, information reporting system, etc., to help guide grass-roots trade unions to do legal aid work; and also make good use of the "two books" (rectification notice and handling submission) and the municipal public credit information platform, and make sure that all enterprises entering the credit platform can not participate in the municipal level or above.

"Of course, the standard operation mode and punishment measures need to be supported by a sound system.

In the case of chairman Li Ping of the trade union, the president of the trade union is a high-risk position in the enterprises that are closed down and pferred to another company. To fulfill the functions of safeguarding the rights and interests of workers, it is possible to tear the face away from the administration, but at the end of the day, they may be violated even more when they leave, but there are no dependable people in the enterprise.

To this end, our higher level trade unions should fully consider their particularity in the formulation of policies and ensure that they dare to perform their duties and dare to speak for employees.

According to Liu Shufu, Pudong New Area has implemented a part-time trade union chairman allowance system in the previous two years. Since the operation of the mechanism, it has successfully secured the rights of several trade union cadres.

"Trade union cadres are not only our workers but also our trade union assistants, and we are duty bound to safeguard their rights and interests.

We often say that the content of assistance should be comprehensive, not only to pay attention to the relevant rights and interests of workers in the production process, but also to pay attention to their related cultural and political rights, and to carry out trade union legal aid in an all-round way.

The debate on the subsidy of trade union chairmen in the Li Ping incident is a typical example.

Zhang Lei introduced the Pudong New Area Federation of trade unions in charge of legal aid.

From the practice of Pudong, the legal aid center and the sub centers and information stations can basically "labor arbitration assistance to the implementation, labor mediation assistance to the signing of agreements, labor conflict events to assist the court".

However, in the past two years, the implementation of labor dispute arbitration (court decision) and the implementation of labor agreements have been repeatedly run into the wall. There are often cases of unsettled cases. Although much work has been done in the early and middle stages, it is difficult to cope with this important ending.

In view of the difficulty of enforcement, the Pudong New Area Federation of trade unions requires that legal aid should actively establish a follow-up mechanism for controversial cases.

Always pay attention to the progress of the case, supervise the execution of the sentence, and never send the case away.

We should make repeated visits to the cases, and do not intervene in the labor referees, and the labor agreements can not be implemented.

Cui Yana told reporters: "we have followed Li Ping's case for two years, from the investigation of the enterprise to the writing of the application form, from the arbitration to the second instance. At the beginning, it didn't expect that it would last for so long. But the agreement between the district and our law firm was clear, and the legal aid should be maintained to the execution, so long as the workers still need, our assistance will continue."

The diversity of staff demand determines that the services provided by the trade union should also be diversified. The Federation of trade unions of Pudong New Area is fully aware of this. They propose that the legal aid needs of workers through different channels should be sorted out and categorized, and specific countermeasures should be put forward. Information exchange should be strengthened, and the service card database, the difficult supporting database and the total difficulties employees database of the Federation of trade union members should be linked up, so as to open up a "green channel" for workers with legal aid needs in the library, and to realize "zero distance" docking with workers.

The production of legal aid electronic map allows employees to use mobile phones, etc., to inquire about the distribution of legal aid service sites at any time, and to select corresponding services according to actual needs.

The strength of participating in legal aid should not only be accumulated in quantity, but also be guaranteed by quality.

It is the focus of the Pudong New Area Federation of trade unions to take good care of talents and improve their capabilities.

Specifically, trade union legal aid Posts newly recruited or recruited should, in principle, have legal professional qualification or legal professional background, and continuously improve their ability and level through post promotion.

At the same time, choose and use well.

The legal advisory group has exerting its advantages in theoretical policy, professional level and handling capacity.

In addition, an assessment mechanism is established.

Whether in the early stage or in the middle and later stages of tracking and returning, it is necessary to make a proper evaluation of the work according to the matter of the head, and to give reasonable subsidies to the relevant personnel, so as to enhance their enthusiasm and initiative. It is possible to consider establishing a "labor relations service center", operating in the form of NGO (NGO), where labor disputes can not be resolved in situ in the area.

The recruitment of staff in the centre is not limited to Pudong. It does not require regular shifts, nor should it be fully equipped to fully realize human resources sharing inside and outside the region.

Key words: full coverage, one hour service circle, in order to achieve full coverage of legal aid, the Pudong New Area Federation of trade unions has set up the "1+8+N" organization service network. On this basis, the district further explores the scope of coverage to narrow to the "one hour service circle": pushing the construction of labor relations information staff in scale enterprises, and striving to achieve contradictions between labor and capital relations in enterprises.

Conditional areas can set up labor dispute mediation room in the intensive Street towns, parks and buildings of non-public enterprises, actively guide the workers to settle disputes through pre mediation, and further expand the aid service network to achieve the goal of the workers to the legal aid center and the information station for less than one hour, so that the workers can get legal aid near, quickly and effectively.

The Pudong New Area Federation of trade unions conceived a one-stop legal aid for the exploration of "full participation".

Fully integrate all functions of the trade union, link up various means of safeguarding rights such as letters, visits, supervision, mediation and assistance, provide one-stop legal services for the workers who are in need of assistance, actively strengthen communication and liaison with people, society, judiciary and courts, and establish a linkage system of aid services, so as to form a working pattern to jointly promote trade union legal aid.

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