Migrant workers were found dead in 2014 when they were paid back in 2016

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 Migrant workers were found dead in 2014 when they were paid back in 2016


Dou Shifu and Yang Shifu worked in Xian in 2016. The contractors owed 10,400 yuan each. Many times, they failed to negotiate. In June 2017, they sued the contractor. In March this year, the Weiyang District Court ruled that the contractor should pay the wages. In August, the two people applied for execution. In November, the court said that the defendants identity information was wrong. Lets wait for information. Dou Shifu said that on December 5, the court issued a defendants information indicating that the contractor had died in 2014. We suspect that the contractor embezzled his brothers identity information. We can never work with the dead man.

Ask for salary

After being charged with wage arrears

Court judgement wins

Dou Shifu, a native of Qishan County, Shaanxi Province, was introduced to work in an engineering team in October 2016. The person in charge was called He Dashan. The contractor promised us to work every day at a wage of 200 yuan, and pay the wages within three days after the completion of the whole project. I worked with Lao Yang in a group. The address was the middle section of Afang Road in Xian. We were both in arrears of 10,400 yuan.

Master Yang of Wugong County said that the two men had followed the He Dashan engineering team since October 4, 2016 to do the post-repair work of woodworking slab wall, and the whole project was completed on December 6, 2016, with a total working time of 52 days.

In January 2017, we asked the project side to coordinate, and the project side reminded us to find the contractor to owe money. Dou Shifu said that after ordering the IOU, they also asked for a copy of the contractors ID card. When I saw the name on the ID card is He Lanping, I was suspicious at that time, but the contractor said that he was named He Dashan since childhood, only the name on the ID card is He Lanping.

In order to dispel doubts, Dou Shifu asked the project side to verify, After the project side inquired about the contract, it said that the contractor also used He Lanping to sign the contract with the subcontractor, so we can rest assured. Dou Shifu said that he and Yang Shifu went to Fengdong New Town Labor Supervision Brigade of Xixian New District many times to complain, and coordinated many times during the period, but the contractor has been pushed off and did not show up. Finally, the labor supervision has no way to find an assistant lawyer for us. In June 2017, we will prosecute the contractor to the Weiyang District Court.

In March this year, the Central District Court issued a civil judgment. According to the judgment provided by Master Yang, mediation was not possible because the defendant did not appear in court for no reason. In this case, although the plaintiff and the defendant did not sign a written labor contract, but there is a factual labor relationship, after completion, the defendant only issued a labor service fee certificate and a slip of arrears, wages in arrears. According to the relevant provisions of the law, the defendant He Lanping paid the plaintiff 10400 yuan within 15 days of the effective date of the judgment.

Strange

The contractor He Dashan falsely used the information of his dead brother?

I and Lao Yang are two judgments, the content of which is the same. Dou Shifu said that in August this year, he and Master Yang went to the court to apply for the execution of the judgment, but still failed in November. I went to the court to ask about the situation, the staff said that the identity information of the contractor was wrong, let me go home and so on.

Master Yang said that on December 5, he came to the court again for consultation, and the staff showed him a copy of Ho Lanpings basic household registration information, which was stamped with the special household registration seal of the Seoul Police Station of Xian Public Security Bureau. Information shows that the contractor has died in 2014, so we are working for the dead? Who should I ask for the salary? Master Yang said that the court staff told him to provide the correct identity information of the defendant within a week, otherwise, we can only withdraw the lawsuit and no longer execute it. Where shall we go to find his true information?

On the 6th, a reporter from China Business Daily saw on this household registration information provided by Master Yang that his name was He Lanping, his citizen identity card number was the same as that provided by previous contractor. He Lanpings identity card number was the second son of the household head. The death time was May 14, 2014, the cancellation time was September 8, 2017, and the data belonged to Sichuan Ba. Nanjiang County Public Security Bureau of Zhongshi City.

Identity card photos and basic information photos are the same,He Dashanalso looks like this. But before we worked, the father of the contractor told us,He Dashanis his eldest son, he has two sons. Master Yang and Master Dou both suspected that He Dashan had falsely used his brothers identity information. The dead man should be his brother. He used this ID card before he recruited, which shows that he had planned to occupy our wages for a long time. Is this a fraud? Master Yang said.

On the 6th, the reporter and Dou Shifu contacted the contractor He Dashan many times, and the phone was never answered. That night, the reporter changed his number and contacted the other party again. The phone was hung up.

Statement

Falsification of identity information is highly probable

Or the misjudgement court should find out the information and decide to correct it

Lawyer Jiang Zhaojun believes that when prosecuting, the parties are a bit hasty, and the identity of the defendant should be clarified. What is the relationship between the deceased and the defendant? If its a brotherly relationship, are they in a separate account book? All these need further investigation. Jiang Zhaojun said that in this case, the possibility of the defendant using other peoples information or forging identity information is very high. The law stipulates that the information errors of the plaintiff and the defendant can be corrected by ruling on the premise of possessing evidence.

As far as the court is concerned, it is known that the judgment may be a wrong judgment. If a suspect is found, the specific situation should be clarified and the case should be retried or corrected by legal documents in the future. If retrial, the judgment will not be effective as a basis; if it can be corrected, the validity of the judgment will remain unchanged, and the ruling can be timely remedied. Compared with the two, it is more feasible to correct the defendants information.

As far as the plaintiff is concerned, he may first communicate with the court and request further investigation. At the same time, as a party, it can also go to the public security organs to check the information of the defendant, find out the truth and collect evidence.

False use of other peoples identity information can be reported to the police in the place where the household registration is located.

Lawyer Zhao Xiyu believes that the defendant has violated the Law on Administrative Penalties for Public Security and can impose public security penalties by using other peoples identity information to cause damage to others. If the public security organ finds that he has violated the criminal law, disrupted the order of litigation, and intentionally provided false information to others, causing losses, he can be investigated for criminal responsibility.

If he and his younger brother look very similar, after his brothers death, he pretends to use his younger brothers information, and uses false identity information from an early age, so that he can commit fraud for the purpose of illegal possession. Zhao Xiyu said, and the Contractor does not pay back later, that is, illegal possession, so there is a suspect of fraud, contractor to borrow other peoples identity information is very likely, his practice is a counterfeit use.

Whether the existing judgment can take effect depends on the fact finding. Zhao Xiyu said that the need for the police to determine first, if the name of another person is used fraudulently, the court can order corrections, The court is right now, because the object of execution does not exist. It should be the responsibility of the police to find out the information and to report to the police at the place where the defendants household registration is located.

Should report a case to the public security organ and ask the contractor to be investigated for his criminal responsibility

Lawyer Zhang Yuesheng said that according to one of the 280 articles of the Criminal Law, the crime of using false identity documents and embezzling identity documents, in the activities that should provide identity certificates in accordance with the provisions of the state, the use of forged, altered or embezzled resident identity cards, passports, social security cards, driving cards, etc. can be used for certificates according to law. If the circumstances of the identification documents are serious, they shall be sentenced to criminal detention or control and shall be fined concurrently or solely. Whoever commits the acts mentioned in the preceding paragraph while constituting other crimes shall be convicted and punished in accordance with the provisions of heavier penalties. Zhang Yuesheng believed that the contractors behavior was suspected of constituting the crime of embezzlement of identity documents. He could report the case to the public security organs and ask for criminal responsibility. Zhang Yuesheng said that the judgments already in force are valid until they have not been revoked or suspended. However, if the judgment is indeed wrong, the court may review it in accordance with the relevant procedures. Next, the most important thing is to report the case to the public security organs and ask the contractor to be investigated for his criminal responsibility. He said. Source: Wang Lishan_NBJS7182, Responsible Editor of Huashang Net-Huashang Daily

Lawyer Zhang Yuesheng said that according to one of the 280 articles of the Criminal Law, the crime of using false identity documents and embezzling identity documents, in the activities that should provide identity certificates in accordance with the provisions of the state, the use of forged, altered or embezzled resident identity cards, passports, social security cards, driving cards, etc. can be used for certificates according to law. If the circumstances of the identification documents are serious, they shall be sentenced to criminal detention or control and shall be fined concurrently or solely.

Whoever commits the acts mentioned in the preceding paragraph while constituting other crimes shall be convicted and punished in accordance with the provisions of heavier penalties. Zhang Yuesheng believed that the contractors behavior was suspected of constituting the crime of embezzlement of identity documents. He could report the case to the public security organs and ask for criminal responsibility.

Zhang Yuesheng said that the judgments already in force are valid until they have not been revoked or suspended. However, if the judgment is indeed wrong, the court may review it in accordance with the relevant procedures. Next, the most important thing is to report the case to the public security organs and ask the contractor to be investigated for his criminal responsibility. He said.