Earnestly Safeguard The Legitimate Rights And Interests Of "Three Categories Of Personnel"
From the Shijiazhuang Municipal Judicial Bureau, the county level grass-roots trade unions have also actively participated in the legal aid service in carrying out the legal action of "caring for migrant workers, laid-off workers and rural left behind personnel".
Up to now, a total of 4410 callers and 1676 aid cases have been received throughout the year, which has effectively protected the legitimate rights and interests of the three categories of personnel.
Legal aid has been reduced.
The city will have three categories of personnel.
Financial difficulties
The standard is relaxed from 1.5 times of the minimum living standard to the low income standard; for migrant workers requesting payment of labor remuneration, industrial injury compensation for legal aid, laid-off workers due to labor contract disputes, social security applications for legal aid, farmers left behind personnel due to personal injury, succeeding support for legal aid, belonging to three categories of people living in poverty, who apply for legal aid, are exempt from economic hardship standard review; three holders of residence permit can enjoy legal aid services in their residence.
Smooth "green channel".
In the public legal aid center and the legal aid workstation, the rights and interests of migrant workers, laid-off workers and peasant left behind personnel should be set up prominently; the three categories of personnel should be given priority, priority, and priority assignment; if the situation is urgent, they will soon exceed the arbitration statute or limitation of cases, or the mass cases involving a large number of people will not censor the economic hardship conditions. They will first accept the assignment and submit the evidence after the event.
We will actively promote the pformation of the "12348" legal service hotline intelligent information platform, and ensure timely consultation.
Developing precision
Legal aid service
。
The legal aid centers of all counties (cities and districts) should strengthen the coordination and interaction with the housing and Construction Bureau, the Employment Bureau, the Civil Affairs Bureau and other relevant departments, and dynamically grasp three kinds of personnel data.
After a thorough understanding, the total number of migrant workers in the provincial capital is 140588, the number of laid-off workers is 16825, the number of 22310 left behind personnel in rural areas, and 232 sites. By verifying the potential targets of legal aid, we have formulated a special action plan for improving legal aid and targeted publicity and other legal services.
Improving the quality of legal aid cases.
Those who are involved in three categories of personnel will be dealt with with high political quality and professional quality. For cases of major, difficult, sensitive and more than 5 group legal aid cases, lawyers with more than 3 years' experience in handling cases should be appointed.
In accordance with the rules for quality assessment of legal aid cases in Shijiazhuang, the cases should be strictly assessed afterwards, and the unqualified investigators should not pay or reduce the subsidy for handling cases.
subsidy
。
Gradually achieve zero complaints in legal aid cases.
Grass-roots trade unions actively participate in legal aid work.
In order to adapt to the further expansion of the scope of legal aid and satisfy the masses' higher demand for the quality of legal services, the Shenze Federation of trade unions has actively established legal aid workstations with local legal aid centers, providing more precise services to the recipients.
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Chiang Kai Shek, a migrant worker in Tai'an, Shandong Province, said that in June of this year, when he was reinforcing bars at the construction site, he accidentally fell from the two floor to the first floor, causing injuries to his leg and wrist. He was hospitalized for two months, and the contractor paid a medical fee of nearly 30 thousand yuan.
But in recent months, the contractor has not paid wages. He has to borrow money from his workmates.
A few days ago, he asked the workers to pay their work-related injury compensation according to the industrial injury policy, but the other side procrastination for various reasons.
Mr. Chiang asked, "at the end of the year, the construction site is about to be completed. When the contractor heads off, which one will I pay for the work injury? How can I claim the relevant compensation?"
In view of the problems Jiang Shengxian encountered, Sichuan Chengdu migrant workers legal aid workstation duty lawyer Qing Rong said, according to the relevant provisions, during work hours, at work place injury, should be counted as work-related injuries.
Such as Mr. Jiang, it should be work-related injuries.
First of all, only when the employer fails to apply for industrial injury identification within the statutory time limit, the workers or their close relatives and trade union organizations can be applied as the main body in the second order. They should hold the application form for work-related injury identification, prove the existence of labor relations with the employer, prove the medical diagnosis or prove the occupational disease proof, and apply for the identification of industrial injury to the social insurance administrative department.
The second is the identification of labor capability. After the disability grade is down, it can directly apply for industrial injury insurance benefits.
In general, work-related injuries can be enjoyed by medical treatment fees, rehabilitation treatment fees, auxiliary tools fees, stoppages and salaries, and nursing expenses. For those who are disabled, they are entitled to different disability benefits and disability allowance according to different disability levels.
Moreover, if employers purchase work-related injury insurance for employees, they will pay work-related injury benefits from the industrial injury insurance fund. If they are not purchased, the employer will bear the corresponding costs, and can directly sue the employer for payment of work-related injury insurance benefits.
If the employer fails to pay, it may also apply to the social insurance agency for advance payment from the industrial injury insurance fund in accordance with the forty-first provision of the social insurance law.
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