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BEIJING, July 27 -- Migrant workers in Beijing owed
thousands in unpaid wages will get a legal helping hand to recover what they are
owed.
A ruling on Monday by the Beijing Higher People's
Court says migrant workers can file cases against employers and will not have to
pay legal costs.
They also no longer need to prove their financial
difficulty to get the aid.
It has taken effect immediately in all courts in the
municipality.
Other costs can be delayed, reduced or paid by the
employer if the migrant workers win the case.
"The review will make access easier for migrant
workers to file suit, therefore gaining a bigger stake in winning their salaries
back," said Wang Ming, deputy director of the Beijing High People's Court.
"It is very practical to poor migrant workers," said
Li Qingjun, a lawyer of the Beijing Chenzhou Law Firm, who handles dozens of
migrant workers' salary disputes every year.
The court used to demand workers provide a document
from their employers saying they could not afford the fees, Li said.
"But if you are suing your boss, how can you get
approval from him?" he said.
The workers also used to have to pay to freeze the
employer's assets. That also has been eliminated.
The court is also authorized to order that migrant
workers' salaries be paid before the trial is finished if the judgment is clear.
Another provision is that the court will decide the
day the case is filed whether to accept it and will resolve it within 15 working
days.
The review comes at a time when the number of cases
is on the rise.
Of more than 120 million migrant workers in cities,
the number of disputes is the highest in the construction industry, where
companies usually do not sign labour contracts with migrants and payments rarely
reach workers on time.
"For migrant workers, timing is of great importance,"
Wang said. "Most of them expect their salaries so they can go back to their
hometowns and do not have to wait for a long time in the city."
Sometimes, construction workers who do not get their
cases resolved on time organize sit-ins or visit the court in groups, disrupting
the normal order of the courts.
The ruling is part of a growing trend in which many
local courts are providing more legal weapons for rural labourers to protect
their rights.
Courts in Guangdong Province, which has the largest
number of migrant workers, has echoed Beijing's ruling to give free legal
service and quicker access to migrant workers.
Some courts in Guangdong have applied to have a
special labour court to deal with those disputes.
In Henan Province, the largest labour exporter in the
country, the provincial government has designed a sample contract to help
migrant workers protect their legal rights.
(Source: China Daily)
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