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检察公益诉讼破解劳动者个体“不敢维权、不会维权”
Xin Lang Cai Jing· 2025-12-31 20:03
(来源:工人日报) 阅读提示 日前,北京市人民检察院与北京市总工会以"检察公益诉讼护航劳动者权益"为主题发布6件典型案例, 以法治之力保障劳动者权益。 这样的管理机制是否侵害残疾外卖员劳动权益?聚焦这一问题,通州区人民检察院邀请人大代表、人民 监督员、区残联、残疾外卖员代表召开了一场立案听证会。 "我跟小区保安说了自己是残疾人,也给对方看了残疾证,可保安就是不让我骑车进,我只好慢慢地走 进去送餐。"听证会上,一名残疾外卖员讲述自己的经历说,虽然这一单按时送达了,但导致下一单配 送超时并收到差评,申诉时却很难提供"时间耗在上一单"的证据。 "就业促进法规定各级政府采取特别扶助措施以促进残疾人就业,听证员们一致认为,小区物业采取的 自行管理方式不应与这一规定相冲突,残疾人的劳动权益应得到充分保障。"李鹏说。 2025年6月,通州区人民检察院与区住建委进行专题磋商,并邀请小区物业代表参加。磋商会上,有物 业代表担心安全隐患,也有物业代表道出困惑,"有的外卖员说自己是残疾人,可没有提供残疾证,就 算提供了,也不知道怎么识别真假"。 如何在秩序和权益间找到"最优解"?2025年6月,通州区人民检察院与区住建委进行磋商, ...
为劳动者保驾护航
Ren Min Wang· 2025-12-21 00:57
图为全国人大代表蓝淋(左二)见证监督法院执行工作。记者 吴琪 摄 在马山法院,蓝淋参观了诉讼服务中心、家事法庭、"贝侬"和文化园,听取马山法院"两状"示范文 本推广应用、"贝侬调解工作法"、妇女儿童权益保护等工作情况介绍。蓝淋跟随执行干警前往被执行人 谭某经营的木材加工厂及申请执行人蓝某家中,监督执行工作,见证案款交付。 "乡镇企业、小作坊为以农民工为主体的劳动者提供了劳动岗位和就业机会,但也面临用工制度不 完善、劳动保护缺乏等问题,一旦发生工伤意外,对于用工者和劳动者来说都是沉重的负担。"蓝淋建 议,人民法院要加强与有关职能部门的联动协作,完善司法保护与劳动监察衔接制度,加大对乡镇企 业、小作坊的法律风险提示和监督处罚力度,督促用工者主动为工人们依法足额缴纳各项社会保险,以 司法之力为劳动者保驾护航。(吴琪 田野) 来源:人民法院报 "执行法官采取'活封'措施督促履行,第一时间将赔偿款送到受伤工人家中,彰显了人民法院及时 兑现胜诉权益的力度和温度。"近日,全国人大代表、广西壮族自治区马山壮美坊壮绣手艺厂技术指导 蓝淋受邀到广西壮族自治区马山县人民法院走访调研,并见证监督一起提供劳务者受害责任纠纷案件的 执行 ...
为农民工、快递员争取权益,北京发布6起检察公益诉讼典型案例
Xin Jing Bao· 2025-12-18 09:53
Core Viewpoint - The Beijing People's Procuratorate and the Beijing Federation of Trade Unions have jointly released six typical cases of public interest litigation to safeguard workers' rights, covering various key sectors such as the automotive repair industry, construction, express delivery, food safety in canteens, labor protection for disabled delivery workers, and safety measures for thermal paper [1][7]. Group 1: Cases of Public Interest Litigation - Case 1: Some automotive repair companies failed to conduct occupational disease hazard factor testing, leading to the establishment of a regulatory framework for 207 automotive repair enterprises, with all involved companies completing rectifications [3]. - Case 2: Safety hazards were identified in electric tricycles used in the express delivery industry, resulting in the elimination of safety risks in 796 vehicles and legal training for over 2,000 individuals [4]. - Case 3: Multiple construction site canteens were found operating without food business licenses, prompting a special rectification that led to inspections of 36 canteens and the establishment of a collaborative regulatory mechanism [5]. - Case 4: Bisphenol A levels exceeded standards in 12 out of 17 thermal paper samples, leading to guidance issued to over 1,400 catering entities and 334 express delivery points to distribute protective gear to more than 8,000 workers [6]. Group 2: Addressing Workers' Rights - The Beijing procuratorial authorities are focusing on resolving the rights issues of vulnerable groups such as migrant workers and disabled delivery personnel, promoting system improvements and problem-solving initiatives [7][10]. - Case 5: During a wage arrears governance action, it was discovered that some construction projects had not established wage guarantee funds, leading to the establishment of nine special accounts and the payment of over 700 million yuan in wage guarantees [8][9]. - Case 6: Restrictions on delivery personnel entering residential areas resulted in delays for disabled delivery workers, prompting a collaborative effort to allow access to over 460 residential complexes through the installation of NFC smart access systems [10].
新华视评·关注新就业群体丨算法不能只算“效率”,更要算“权利”
Xin Hua Wang· 2025-12-10 11:28
编导:季晓庄 新华社音视频部制作 【纠错】 【责任编辑:刘阳】 算法作为平台经济的核心引擎,深度影响着新就业群体的收入结构、劳动节奏与安全边界。劳动者 在算法的调度下追求最短路线、最优派单,系统效率不断提升。更重要的是,算法已超越了工具属性, 成为一个涉及广大劳动者权益保护的新课题。 一个好的算法系统,不应是冰冷的"监工",而应成为劳动者可信赖的搭档。当算法能够"看见"奔波 的身影、"感知"劳动的价值,科技才真正有了温度。技术进步应成为广大劳动者工作的助力,而不 是"困"住劳动者权益的"围栏"。 记者:白佳丽、杨子春 ...
工厂不是监狱,凭啥要求员工“自觉放弃一切自由”| 新京报快评
Xin Jing Bao· 2025-12-03 06:36
Core Viewpoint - The incident involving Guangxi Hengyi New Materials Co., a subsidiary of Hengyi Petrochemical, highlights the dangers of extreme management practices that undermine workers' rights and freedoms, as evidenced by a controversial slogan displayed at the factory entrance [2][3][4]. Group 1: Company Actions and Reactions - The company displayed a slogan stating "Please voluntarily give up all freedom upon entering the factory," which sparked significant public outrage and was subsequently removed after police intervention [2]. - The local enforcement agency stated that they could only request the company to rectify the situation, indicating a lack of proactive regulatory measures [2]. Group 2: Management Practices and Worker Rights - The slogan reflects a troubling mindset that prioritizes corporate authority over individual rights, raising concerns about the normalization of extreme management tactics in some companies [3][4]. - Such practices, often justified under the guise of "militarized management" or "wolf culture," include unreasonable restrictions on employee behavior, which erode workers' dignity and legal rights [3]. Group 3: Legal and Regulatory Framework - Labor laws, including the Labor Contract Law and the Production Safety Law, clearly outline the obligations of employers and the rights of employees, emphasizing that basic rights remain protected even in closed management environments [4]. - The incident underscores the need for a more robust and proactive regulatory framework to protect workers' rights, as the current oversight appears reactive rather than preventive [3][4].
贵州:加强新就业形态劳动者权益保障 发挥司法职能“稳就业”
Zhong Guo Xin Wen Wang· 2025-12-02 07:36
贵州:加强新就业形态劳动者权益保障 发挥司法职能"稳就业" 中新网贵阳12月2日电 (记者 张伟)贵州省高级人民法院2日举行新闻发布会,通报全省法院新就业形态 劳动争议案件审判工作情况,并发布两件新就业形态典型案例。 就业是最基本的民生。近年来,随着平台经济快速发展,新就业形态在稳增长、稳就业等方面发挥了重 要作用。据不完全统计,2020年至2024年全国法院共受理新就业形态民事纠纷案件约42万件,贵州全省 法院审理相关案件近200件,案件数呈现上涨趋势。 编辑:付健青 根据《贵州省高级人民法院审判要件指南编撰三年规划(2025—2027年)》的要求和安排,为进一步推进 全省法院新就业形态劳动争议纠纷案件规范办理,平衡新兴业态发展与劳动者合法权益保护,贵州省法 院将发布《新就业形态劳动争议审判要件指南》,《指南》通过梳理全国、全省典型案例,明确新就业 形态劳动争议的概念界定,立案及原告诉请、被告抗辩的审查要点,具体要件审查及裁判规则,如平台 企业要求劳动者注册个体工商户后再签订合作协议的情形下注重审查注册为个体工商户是否系劳动者的 真实意思表示,平台企业是否强制或诱导注册,用工实质是否改变等;明确新就业形态从 ...
对降薪有异议就停薪 企业做事别这么难看
Nan Fang Du Shi Bao· 2025-10-18 00:39
Core Viewpoint - The well-known sports brand Peak has implemented a tiered salary reduction for all employees without prior notice, leading to significant employee dissatisfaction and potential legal issues due to non-compliance with labor laws [1][2][3] Group 1: Salary Reduction Implementation - Peak has executed a salary reduction without written notification to employees, and even issued a "final notice" to those who refused to accept the pay cut [1] - Employees expressed their grievances through written objections, which the company dismissed, indicating a unilateral management decision rather than a collaborative approach [2] - The company cited multiple objective factors for the salary reduction, including ongoing operational pressures and continuous losses in its direct sales system from January to August 2025 [1] Group 2: Legal and Ethical Considerations - The company's actions may violate labor laws, which require mutual agreement between employers and employees to change contract terms, including salary [2][3] - The lack of proper communication and negotiation in the salary reduction process has led to public criticism and could further harm the company's reputation and employee morale [3] - The situation highlights the importance of respecting workers' rights and adhering to legal standards, especially for consumer-facing companies like Peak [3]
果然财评|从困在系统到有权说不,美团试点“骑手屏蔽顾客”
Qi Lu Wan Bao· 2025-10-13 09:21
Core Insights - The article discusses Meituan's pilot program in seven cities that allows delivery riders to block customers, marking a significant shift in the power dynamics of the platform economy [3][4] - This initiative aims to balance the interests of riders, customers, and the platform, moving from a customer-first approach to a more equitable model [3][4] Summary by Sections Rider Rights and Protections - The new feature grants riders limited "counter-rights," including a 48-hour evaluation window, evidence review mechanism, and a 365-day blocking period, which enhances their dignity and rights [3][4] - Feedback from riders indicates a strong desire for this feature, as it allows them to avoid abusive customers and provides a sense of security [4] Platform Governance and Changes - The implementation of the blocking feature is part of a broader strategy that includes eliminating late penalties, trialing pension subsidies, and expanding occupational injury protections, indicating a shift towards fairer governance [4][5] - Post-implementation feedback shows a 15% increase in rider satisfaction with the platform [4] Industry Implications and Future Directions - The current limitation of blocking only two customers may not fully address the potential for repeated abuse, suggesting a need for further refinement [5] - Experts suggest that the industry should seek a new balance between efficiency and fairness, with Meituan's innovation potentially serving as a benchmark for the sector [5] - The overall competitiveness of the platform economy relies on a healthy ecosystem that considers user experience, rider rights, and platform order [5]
重庆城口:“代表委员﹢五方联动”多元化解劳动争议
Ren Min Wang· 2025-09-26 01:30
Core Viewpoint - The article discusses a collaborative meeting held in Chongqing's Chengkou County aimed at addressing and resolving collective labor disputes through a multi-faceted approach involving various local government and judicial bodies [1] Group 1: Meeting Objectives and Participants - The meeting was organized by the Chengkou County People's Court, County Federation of Trade Unions, County Human Resources and Social Security Bureau, County Justice Bureau, and County Procuratorate [1] - Participants engaged in discussions to enhance the governance of labor disputes, focusing on mediation, legal education, and the integration of various dispute resolution methods [1] Group 2: Legislative and Practical Framework - Attendees reviewed the "Interpretation (II) on Legal Issues Applicable to Labor Dispute Cases" issued by the Supreme People's Court, which provides legal guidance for handling labor disputes [1] - The meeting emphasized the importance of addressing hot-button issues related to labor disputes in the context of Chengkou County's specific circumstances [1] Group 3: Recommendations and Suggestions - Local representatives and committee members proposed suggestions aimed at strengthening the protection of vulnerable workers' rights and encouraging lawful claims by laborers [1]
【职场探温】莫让“无薪试岗”沦为法外之地
Zheng Quan Shi Bao· 2025-08-25 18:29
Core Viewpoint - The rise of "unpaid trial work" is emerging as a new trap that undermines workers' rights, revealing deep-seated governance issues in the labor market [1] Group 1: Nature of "Unpaid Trial Work" - "Unpaid trial work" is essentially a malicious circumvention of labor laws, as the Labor Contract Law in China stipulates that the probation period must be included in the contract duration and must specify the duration and salary [1] - Illegal enterprises deliberately blur the concepts of "trial work" and "probation," transforming the statutory probation period into an unregulated cheap labor period [1] - This practice bypasses the regulation that probationary wages cannot be lower than 80% of the contractual salary, allowing companies to dismiss employees under the pretext of "mismatch" [1] Group 2: Challenges Faced by Workers - Workers face difficulties in asserting their rights due to three main factors: 1. Difficulty in recognizing labor relationships, as illegal enterprises often evade written contracts and rely on verbal agreements, leaving workers helpless when faced with blank attendance sheets [2] 2. Bottlenecks in labor dispute resolution, with complaints taking months to process, creating pressure for workers eager to find employment [2] 3. An imbalance in employment leading to a loss of bargaining power for workers, who may feel compelled to accept unpaid trial work despite knowing its implications [2] Group 3: Solutions to the Dilemma - To address these issues, a multi-faceted approach is necessary: 1. Strengthening administrative oversight through a "double random, one public" inspection mechanism targeting frequently complained enterprises [2] 2. Improving legal remedies by shifting the burden of proof to enterprises in disputes and establishing a "one-stop service" for labor rights protection [2] 3. Building harmonious labor relations by enhancing union services, embedding labor rights education in recruitment, and increasing media supervision to raise social awareness [3]