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Warm the winter with the temperature of civil inspection

Release time: January 15, 2020

114日,李某及妻子冒着严寒,一早从兴平市赶到陕西省人民检察院,向承办检察官刘杰连声感谢:“我一定要向检察院表示感谢,太谢谢你们了”。 On January 14 , 2020 , Li and his wife braved the severe cold and rushed to the People's Procuratorate of Shaanxi Province from Xingping City early in the morning to thank Liu Jie, the prosecutor, "I must thank the procuratorate, thank you so much."

Li is an applicant for a civil litigation supervision case. He has worked in a company in Xianyang for 30 years, engaged in the work of moving, taking care of warehouses, and door guards. He was dismissed from labor relations and the employer has filed a lawsuit. 年起,历经劳动仲裁及多次诉讼,最终被认定和用人单位不存在劳动关系。 Since 2015 , after labor arbitration and multiple lawsuits, it has finally been determined that there is no labor relationship with the employer. Li refused to accept and applied to the Procuratorate of Xianyang City for procuratorial supervision. After the review, the court filed a protest to the Procuratorate of Shaanxi Province.711日向陕西省高级人民法院提出抗诉。 The Shaanxi Provincial Procuratorate examined that there was a labor relationship between Li and the employer, and filed a protest to the Shaanxi Provincial Higher People's Court on July 11 , 2019 .1220日作出再审判决,认定李某与用人单位间存在劳动关系,判决撤销原一、二审判决,用人单位依法支付李某最低工资差额、解除劳动合同经济补偿金、未签订书面劳动合同二倍工资等共计49080元。 After the case was re-tried by the Xianyang Intermediate People's Court, a retrial decision was made on December 20 , 2019. It was found that there was a labor relationship between Li and the employer, and the original first and second trial decisions were cancelled. The employer paid the minimum wage difference of Li according to law. A total of 49,080 yuan, economic compensation for termination of labor contracts, double wages for unsigned labor contracts, etc. At this point, Li not only received financial compensation, etc., but also his future life and pension insurance.

Li, who was awarded the verdict, was very excited. At the beginning of the new year, he made a special trip to the Xianyang City Procuratorate and the Provincial Procuratorate to send a banner to express his gratitude to the procuratorate for handling the case according to law. This is undoubtedly a full affirmation and encouragement of the civil procuratorial work. 年,陕西省检察机关民事检察部门将继续不忘从检初心,砥砺前行,以公正取信于民,以真情服务于民,切实维护人民群众合法权益,真正做到为民而行。 In 2020 , the civil procuratorial department of the Shaanxi Provincial Procuratorate will continue to focus on the beginning of the prosecution, work hard to win the trust of the people with fairness, serve the people with truth, and effectively protect the legitimate rights and interests of the people and truly act for the people.

陕西省人民检察院第六检察部 编辑:祝长英) (Contributed by Shaanxi Provincial People's Procuratorate, Sixth Procuratorate : Zhu Changying)



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