Migrant Workers' Rights Protection Should Go Through Three Barriers.

Reporter survey found that migrant workers and employment parties do not sign labor contracts is a common phenomenon. Many employers are willing to hire temporary migrant workers so that they can avoid a lot of trouble.

Farmer engineering field said, now migrant workers come out to work, basically are acquaintance introduction, because there are acquaintances in the middle line, guarantee, so did not take the contract seriously, as long as you can see the cash, sign not sign the contract does not matter.

Zhuang Ruibiao, a lawyer of Beijing Ying Ke law firm, said that if a labor contract was not signed, once it was infringed, it would often get caught in the plight of insufficient evidence. "The key evidence is generally held by the employing units, and it is very difficult for migrant workers to safeguard their rights and interests." In Zhuang Ruibiao's view, migrant workers can only step out of the key step of arrears of wages by raising their awareness of rights protection and improving their rights.

Most of the rights of migrant workers are wage earners or work-related injuries. Take the case of industrial injury rights protection as an example, from the initial confirmation of labor relations to the final compensation, there are 12 links. If we do not consider the special circumstances such as the announcement service, file transfer and special cases, which need to extend the identification of work injury, the identification of labor capacity and the time limit for trial, even if we strictly abide by the provisions of the law, the time needed for these 12 links will be 29 months. If we add the time of file transfer and document delivery, it will not be surprising for more than 3 years.

Wang Yi, lawyer of Inner Mongolia Qing Sheng law firm, has represented many migrant workers' rights litigation. He told reporters that the industrial injury case is only a link to confirm the labor relations. According to the relevant laws and regulations, it involves whether the employer has provided labor contracts for workers or paid social security. The reality is that migrant workers have no contract and two no relevant social security payment vouchers, so far there is still a "verbal contract" situation. Therefore, labor relations must be confirmed. At this stage, there are three procedures for labor arbitration, first instance and second instance. If all links are passed, the time required by law will be 11 months.

The author understands that the application of compensation for industrial injury patients involves many procedures, such as labor department mediation, injury identification, disability rating, labor dispute arbitration and so on. Migrant workers The work-related injury protection procedures are complex and long. After suffering industrial injury or occupational injury, migrant workers not only have to suffer physical and mental pain, but also face difficulties in identifying work-related injuries and obtaining compensation for work-related injuries.

"It is imperative for us to simplify these lengthy litigation procedures as soon as possible. Because of this delay, migrant workers and legal aid are hurting. Worker Patience and confidence, "said Wang Yi.

"Collecting evidence is the most difficult part in helping migrant workers to safeguard their rights, because migrant workers themselves have a poor sense of rights protection. When they need to sue, there will be insufficient evidence." Cui Jianjun, a legal aid workstation for migrant workers in Wuhai, said frankly that workers are generally of low educational level and have a weak awareness of safeguarding their rights. Legal relations and employment are unfamiliar to them. When their rights and interests are violated, they can not effectively protect themselves.

According to the existing laws and regulations, migrant workers are still in a weak position in employment relations. For example, if you encounter a bad salary, you must first prove whether you have a labor relationship with the employer. However, the reality is that many employers, especially contractors, are unwilling to sign contracts with migrant workers. dispute When migrant workers are required to protect their rights, they go back to collect all kinds of evidence.

Wang Yi suggested that migrant workers should properly keep their relevant certificates and work evidence, so as to prevent future wage claims. In particular, attention should be paid to the preservation of identity cards, labor contracts, post cards, entry cards, payroll statements and work attendance sheets and other documents and evidence.

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