Protecting the legitimate rights and interests of workers through the power of public interest litigation by prosecutors
2026-03-12
The rights and interests of workers have distinct public welfare attributes, directly related to the happiness, health, and social harmony and stability of thousands of households. Their level of protection reflects the foundation of social fairness and justice. Recently, Zhang Xueqiao, a member of the Standing Committee of the National Committee of the Chinese People's Political Consultative Conference and Deputy Prosecutor General of the Supreme People's Procuratorate, said in an interview with the Worker's Daily that exploring and carrying out public interest litigation for the protection of workers' rights and interests is the duty of the procuratorial organs as "representatives of public interests" to fulfill their legal supervision responsibilities in accordance with the law. The procuratorial organs can fully leverage the advantages of the procuratorial public interest litigation system, focus on the most concerned, direct, and realistic interests and demands of workers, urge relevant functional departments to fully perform their duties in accordance with the law, promote relevant entities to employ workers in accordance with the law and regulations, use legal thinking to solve the obstacles and difficulties in protecting the rights and interests of workers, and use the power of the rule of law to safeguard the legitimate rights and interests of workers. ”Zhang Xueqiao said. The beneficial exploration of public interest litigation for the protection of workers' rights and interests. Currently, the protection of workers' rights and interests has not yet been included in the statutory field of procuratorial public interest litigation. The procuratorial organs have conducted beneficial explorations in the field of public interest litigation for the protection of workers' rights and interests. In 2023, the Supreme People's Procuratorate will directly file a public interest litigation case for the protection of the rights and interests of food delivery riders, guiding Liaoning, Jiangsu, Tianjin, Guangdong, Zhejiang, Shanghai, Beijing and other places to carry out case handling work. Since 2024, the Supreme People's Procuratorate has guided Beijing, Shanghai, Qinghai, Jiangsu, Guangdong, Sichuan and other places to deepen the results of public interest litigation cases for food delivery riders, promote platform enterprises to optimize reward and punishment mechanisms, implement salary and insurance rights, and strengthen labor tool safety protection. On this basis, the Supreme People's Procuratorate deployed a one-year public interest litigation supervision activity for the protection of workers' rights and interests in new forms of employment at the end of 2024, and filed and handled more than 600 public interest litigation cases in related fields. In December 2025, the All China Federation of Trade Unions, together with the Supreme People's Court and the Supreme People's Procuratorate, jointly released the "One Letter and Two Books" typical cases of labor law supervision in 2025, including two cases involving public interest litigation for workers' rights and interests. In one typical case, the Qingpu District Prosecutor's Office in Shanghai worked together with trade unions to address issues such as unreasonable delivery time limits and opaque distribution fee ratios for some express delivery platform enterprises within its jurisdiction. Through prosecutorial suggestions, they promoted the administrative organs to carry out special systematic rectification, benefiting more than 1.65 million workers in the industry. The positive significance of transitioning from individual relief to public welfare protection. In October 2025, the draft of the Procuratorial Public Interest Litigation Law was unveiled, and multiple suggestions were made to include the protection of workers' rights and interests in the Procuratorial Public Interest Litigation Law. Taking the specialized legislation of public interest litigation for procuratorial purposes as an opportunity, exploring the establishment of a system for safeguarding workers' rights and interests through procuratorial public interest litigation has certain positive significance, "said Zhang Xueqiao. The individual rights protection of workers often faces a series of problems such as difficulty in providing evidence, high costs, and insufficient professionalism, especially with the continuous updating of infringement methods such as labor relationship outsourcing for new forms of employment workers. It is difficult to effectively remedy through traditional individual rights protection methods. ”Zhang Xueqiao said that legislating to clarify the protection of workers' rights and interests through the procuratorial public interest litigation system is conducive to fully leveraging the advantages of the procuratorial public interest litigation system, strengthening cooperation and linkage among all parties, and legally safeguarding the legitimate rights and interests of non-specific workers. The reporter learned that currently, procuratorial organs in various regions lack direct legal authorization basis for handling public interest litigation cases in the field of protecting workers' rights and interests, and often face certain doubts and obstacles in handling cases. Promoting the inclusion of the protection of workers' rights and interests in the statutory field of public interest litigation can effectively solve prominent problems in practice, such as vague definition of the scope of cases, unclear rules of evidence, and insufficient rigidity of supervision, and enhance the accuracy and standardization of supervision and case handling through 'appealability', providing solid legal support for the procuratorial organs to perform their duties in accordance with the law, "said Zhang Xueqiao. Zhang Xueqiao told reporters that the Supreme People's Procuratorate will actively and steadily explore the establishment of a public interest litigation system for the protection of workers' rights and interests, refine case handling standards, evidence rules, and supervision procedures, and further promote the institutionalization and standardization of labor legal supervision, in accordance with the recommendation of the National People's Congress Standing Committee Law Enforcement Inspection Group on "exploring the establishment of a public interest litigation system for the protection of workers' rights and interests" in its report on inspecting the implementation of the Trade Union Law. On the one hand, we will continue to rely on the legal field to deepen the handling of cases related to the protection of workers' rights and interests; On the other hand, we will focus on the prominent issues that infringe upon the rights and interests of numerous workers, carry out precise supervision, pay attention to the core demands of the new employment forms of workers, urge administrative organs to perform their duties in accordance with the law, promote platform enterprises and their employment cooperation enterprises to regulate employment behavior, and implement employment responsibilities in accordance with the law. ”Zhang Xueqiao said. Zhang Xueqiao introduced that the Supreme People's Procuratorate has included the governance of wage arrears as a key focus of the public interest litigation work for the protection of workers' rights and interests, continuously deepening and expanding the public interest litigation for the protection of migrant workers' labor remuneration rights and interests in the field of engineering construction, and effectively safeguarding the legitimate rights and interests of migrant workers' labor remuneration. In addition, the Supreme People's Procuratorate will further strengthen horizontal linkage with departments such as human resources and social security, trade unions, disabled persons' federations, and women's federations, deepen the cooperation and cooperation between the legal supervision of procuratorial organs and the labor legal supervision of trade unions through the "one letter, two letters" mechanism, and jointly build a comprehensive framework for protecting workers' rights and interests. (New Society)
Edit:Shenchen Responsible editor:Jiajia
Source:https://www.workercn.cn/
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