Factory Failure To Get Paid Without Legal Aid Lawyers To Help Protect Rights

Wu and other 37 people work in a garment processing factory (hereinafter referred to as the clothing factory).

In January 2016, the factory was forced to shut down because of poor management. Wages such as Wu and others had not been paid until December 2014.

For recourse

Wu and other 37 people have filed labor arbitration, asking the garment factory and partner Wu Moumou and Du Moumou to pay wages in arrears.

Because Wu did not provide evidence of duo's partner in a garment factory, the arbitration tribunal did not support the request that duo should bear joint liability.

Wu and others believed that the verdict was inconsistent with the facts and filed a lawsuit against the court.

Wu and others applied for legal aid to Tianjin Law Association's legal aid workstation due to family difficulties.

Although the case is simple, but it involves a large number of people, the workstation attaches great importance to it, and assigns Zhang Shichang, a lawyer in Jixian County (now Ji Zhou District), to undertake the case.

After receiving the assignment, lawyer Zhang Shichang immediately put in his work.

He first appease the feelings of the recipient, and then talk to the client about the case.

Owing to the large number of people and the amount of arrears per recipient, it is a great effort to meet the clients only.

The investigation and evidence collection work started immediately. Zhang Shichang solicited the evidence from the local industry and Commerce Administration for the registration information of the clothing factory, collecting evidence for Wu and others, visited the clothing factory on the spot, and learned that Du Mou and Wu Mou had jointly run the garment factory since 2008, and two of them have contracted their own businesses in the name of individuals, collecting processing service fees, and recruiting workers to carry out production and operation activities. Under the auspices of the relevant departments, Du Mou admitted that he owed wages to Wu and others, and admitted that he owed 1/3 of his wages and formed book materials.

These evidences indicate that Du Moumou is the actual business partner of the garment factory.

The general principles of the civil law of China stipulates: "the debts of a partnership shall be borne by the partners in accordance with the proportion of the capital contribution or the agreement stipulated in the agreement, and the partners shall bear the joint liability for the debts of the partnership."

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"It is also explicitly stated that" a partnership can not repay debts due to maturity, and the partners shall bear unlimited joint and several liability. "

Therefore, Wu and others asked the partners of garment factories to pay the claim for payment of labor remuneration. The facts were clear and the evidence was conclusive. Duo, a partner, should be jointly and severally liable.

From May 2016 to July, the court heard the case four times.

During the trial, Wu gave an application for cancellation of registration to the local administrative department for Industry and commerce.

Wu and others applied to the court to change the defendant, asking the former clothing factory partner Wu Moumou and Du Moumou jointly to assume the labor remuneration owed.

The defendant and the defendant are in arrears.

The facts and amounts were not controversial, but duo argued that there was a partnership with Wu Mou before 2013, but the partnership had since been lifted.

Zhang Shichang lawyers will submit all the evidence to the court, and any unwarranted arguments in front of evidence will be feeble.

The court held that the garment factory, as an individual industrial and commercial household, had been cancelled, and the debt during the operation period should be borne by the operator.

In August 2016, the court finally decided that Wu Mou and duo were jointly and severally liable for labor remuneration of Wu and others.

This case is a case involving a large number of migrant workers who have a large local social impact. The lawyer's carelessness in handling the process may cause social controversy and affect the stability of the local area.

With the help of the lawyers, the legal rights and interests of the 37 migrant workers were protected by law.