"life has its own rules" - should my nephew pay for my uncle's successful claim for work injury compensation?
2024-09-20
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huasheng online omnimedia reporter huang xinran correspondent wang wenda xia xinyu
【story】
can non-legal professionals mediate disputes, participate in arbitration, and defend others? the answer is yes. in my country's judicial practice, lawyers, grassroots legal service workers, close relatives or staff of the parties, and citizens recommended by the parties' communities, units, and relevant social groups can participate in mediation, arbitration, and litigation through citizen representation.
chen xiaokang, a young man from ningxiang, successfully sought compensation for work-related injuries with the help of his cousin liu yu.
in september 2020, chen xiaokang was injured while working on a construction site. the labor company promised to compensate him 60,000 yuan, but after paying 22,000 yuan, there was no news. in desperation, chen xiaokang turned to his cousin liu yu, who had legal knowledge, hoping that he could help him recover the remaining 38,000 yuan and other claims.
subsequently, the two signed an agreement that if the compensation was within 100,000 yuan, liu yu would not charge any fees; but if it exceeded 100,000 yuan, the excess would be used as liu yu's labor wages and expenses.
therefore, liu yu participated in the handling of chen xiaokang's labor dispute case as a commissioned agent. the result was unexpected. after arbitration, chen xiaokang received a total of more than 240,000 yuan in compensation, including wages during the period of suspension with pay, a one-time disability employment subsidy, and appraisal fees.
however, chen xiaokang did not pay liu yu 140,000 yuan as agreed. he believed that his uncle only helped him get back about 200,000 yuan in compensation, and he had already paid more than 90,000 yuan, so he did not need to pay the remaining amount.
liu yu was indignant, thinking that his nephew had gone back on his word and that he had worked so hard but received no reward.
in the end, the uncle and nephew went to court.
(all characters in this article are pseudonyms)
【statement"】
li zhixiu, president of huangcai people's court of ningxiang city
liu yu is a close relative of chen xiaokang. as a proxy agent, he participated in chen xiaokang's labor dispute case, which is a citizen agency behavior. the original intention of establishing the citizen agency system in my country is to provide convenience for litigation participants who lack litigation capital in the judicial background of great differences in social and cultural levels, so as to reduce their litigation costs, thereby improving judicial trial efficiency and protecting the litigation rights of the parties. it aims to encourage mutual assistance and cannot be used for profit.
liu yu is neither a lawyer nor a grassroots legal service worker, nor a citizen recommended by the community, unit or relevant social groups where the client chen xiaokang is located. the agreement signed between the two regarding work-related injury compensation is a risky agency, which can be understood in layman's terms as a high percentage of agency fees will be paid if the case is won, and no payment is required otherwise. this clearly violates social morality and at the same time violates the mandatory provisions of the "lawyers law of the people's republic of china" and the "civil procedure law of the people's republic of china", and is an invalid contract.
therefore, the court ruled that liu yu's claim was invalid and chen xiaokang did not need to pay any other remuneration. as for the more than 90,000 yuan that had been paid, considering that liu yu actually incurred reasonable expenses for providing services and chen xiaokang did not ask for a refund, the court did not deal with this part.
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