On the issue of the rights and interests of migrant workers, the heroes should represent their opini

Work-related injury problem: I have taken a look at the "Regulations on Work-related Injury Insurance" and the "Measures for the Determination of Work-related Injury", and there are a full set of measures for what to do. Just follow the instructions above.

It is necessary to go through the identification of work-related injuries, the identification of disability, and finally the compensation according to the level of disability. If I have time, I will go to the labor bureau to ask about the average salary of the local area in the previous year, and some compensation items are related to this. Let's take a look at the work-related injury insurance regulations of your province, autonomous region, or municipality directly under the central government.

The identification of work-related injuries is the key, and only when work-related injuries are recognized can they enjoy work-related injury benefits.

The level of disability can be based on the diagnosis conclusion and make a preliminary judgment according to the "Labor Ability Appraisal - Classification of Disability Levels Caused by Work-related Injuries and Occupational Diseases of Employees", and the final appraisal conclusion made by the appraisal agency designated by the labor department shall prevail.

Labor issues: If you have not signed a labor contract, the employer shall pay you double your salary, make up social insurance, and pay economic compensation for the termination of the labor relationship (see Article 1 of the Labor Contract Law and Article 1 of the Regulations for the Implementation of the Labor Contract Law for details). The key point is evidence, which requires evidence that you have an employment relationship with the employer.

As for the amount of time worked, the principle of "reversal of the burden of proof" can be used, and it will be issued by the employer at the time of arbitration or litigation, because everyone who works in a place should fill out an entry form. This also proves your working hours, you also have to sign your salary, and the payroll form should also be issued by the employer, which proves your monthly income status.

Reversal of the burden of proof" is widespread in the field of labor law. Article 1 of the Law on Mediation and Arbitration of Labor Disputes, Article 13 of the Interpretation of the Supreme People's Court on Several Issues Concerning the Application of Law in the Trial of Labor Dispute Cases (I), Article 9 of the Interpretation of the Supreme People's Court on Several Issues Concerning the Application of Law in the Trial of Labor Dispute Cases (III), Article 6 of the Several Provisions of the Supreme People's Court on Evidence in Civil Proceedings, and Article 2 of the Circular of the Ministry of Labor and Social Security on Matters Concerning the Establishment of Labor Relations. Wage payment vouchers, social security records, recruitment registration forms, registration forms, attendance records, etc., can all require the employer to bear the burden of proof.

If you want to fully protect your legitimate rights and interests, it is recommended that you read the Labor Law, the Labor Contract Law, the Regulations for the Implementation of the Labor Contract Law and the Social Insurance Law, so that you can know what aspects the employer has violated your rights and interests, which will benefit you for the rest of your life.

1. Raise and implement the minimum wage standard to ensure the labor income of migrant workers.

To safeguard the legitimate rights and interests of peasant workers, the focus is on three aspects: labor income, safety and health, and social insurance, the most important of which is to ensure the labor income of peasant workers, so that peasant workers can live in the cities, so that the income level of peasant workers with the lowest income can be raised. Since October this year, the province has uniformly adjusted and raised the minimum wage standard, but it is quite difficult to implement, and some units have taken the minimum wage as the maximum wage, or try to reduce the wage income. The biennial adjustment of the minimum wage should be strictly enforced, and the indefinite delay in previous years must be changed.

The second is to ensure that employers pay wages to migrant workers on time and in full. In order to prevent the occurrence of arrears, deductions, and lowering of the wages of peasant workers, it is necessary to formulate and implement a compensation and punishment system for arrears, deductions, and lowering wages, and never allow those who want to take advantage of peasant workers to take advantage. At the same time, it is necessary to establish a system for guaranteeing arrears of wages in enterprises in accordance with international practice, that is, entrusting the administrative department for industry and commerce to collect arrears of wages in the era of enterprise registration and annual inspection, and transfer them to the special account for arrears of wages set up by the financial department.

Enterprises that maliciously default on wages and maliciously use the probationary period should take administrative and legal measures to resolutely crack down on and stop them until they are investigated for legal responsibility. At present, instead of directly establishing labor relations with peasant workers, many units use labor service companies as intermediaries, and labor service companies have become "human traffickers" who exploit and make profits from them and raise a group of "idlers." This practice must be changed and investigated.

2. Expand the coverage of social insurance and include migrant workers in the scope of old-age pension, work-related injury and medical insurance.

At present, China's social insurance does not include migrant workers. This is unfair to both individual workers who cannot participate in insurance and to enterprises that implement the insurance system, and does not meet the requirements of the market economy. At present, the state focuses on work-related injury insurance for migrant workers, but at the same time, it should consider enabling migrant workers to join the old-age and medical insurance as soon as possible. According to me.

Friend, your question is too open-ended, it is recommended to clarify which aspect of the rights, such as labor remuneration.

The methods for migrant workers to protect their legitimate rights and interests are:

1. You can report to the local labor and social security supervision agency;

2. You can apply to the labor dispute arbitration commission for labor arbitration;

3. If you are dissatisfied with the labor arbitration judgment or refuse to perform after the labor arbitration judgment, you may file a lawsuit with the court. In the event of a labor dispute between an employer and an employee, the parties may apply for mediation, arbitration, file a lawsuit in accordance with the law, or resolve it through negotiation. The principles of conciliation apply to both arbitration and litigation proceedings.

In resolving labor disputes, the lawful rights and interests of the parties to the labor dispute shall be safeguarded in accordance with the principles of legality, fairness and timely handling.

Within the employer, a labor dispute mediation committee may be established. The Labor Dispute Mediation Committee is composed of employee representatives, employer representatives and trade union representatives. The chairman of the labor dispute mediation committee shall be a representative of the trade union.

If an agreement is reached through mediation in a labor dispute, the parties shall perform it.

Legal basisArticle 79 of the Labor Law of the People's Republic of China.

After the occurrence of a labor dispute, the parties may apply to the labor dispute mediation committee of the unit for mediation; If mediation fails, and one of the parties requests arbitration, it may apply to the labor dispute arbitration commission for arbitration. One of the parties may also apply directly to the Labor Dispute Arbitration Commission for arbitration. If the applicant is dissatisfied with the arbitral award, he or she may file a lawsuit with the people's court.

1. The rights and interests of migrant workers.

It mainly includes the following aspects: first, economic rights and interests, including the right to remuneration, the right to income, the right to equal pay for equal work, the right to equal employment opportunities, the right to social security and the right to social welfare; The second is the lack of social rights, including the right to free choice of employment, the right to labor safety protection, the right to vocational skills training, the right to labor dispute settlement, the right to rest, the right to vacation, etc.; The third is political rights and interests, such as the right to vote and to be elected, the right to personality, the right to personal freedom, and the right to participate in social management.

Second, the existing problems.

There are many problems and difficulties in the protection of the rights and interests of migrant workers, which are mainly manifested in the following aspects:

1.Employment discrimination. Employers regard migrant workers as "second-class citizens", and they cannot be paid equally for equal work, cannot be used for equal work at the same time, and cannot have the same rights for equal work.

2.The employment environment is poor and there is a lack of due labor protection. Occupational diseases or poisoning accidents occur frequently among migrant workers. The management also neglected work safety, resulting in a continuous number of work-related accidents, and migrant workers working under such conditions seriously undermined their right to health.

3.The right to remuneration for labour is not guaranteed. It is common for deposits to be collected, documents to be withheld, and wages to be owed and deducted.

4.The social security system for migrant workers has basically not been established. Migrant workers have been excluded from social security systems such as pension insurance and work-related injury insurance for a long time, and it is only today that some documents requiring the establishment of a social security system for migrant workers have gradually been issued, but these documents have not yet been fully implemented.

5.The right to rest and vacation is not guaranteed, and overtime has become a "normal" phenomenon.

6.Personal rights are not guaranteed. Bosses or managers search migrant workers' bodies and bags, beatings, and corporal punishments are rife, and it is also heard from time to time that migrant workers are forced to kneel and swallow foreign objects.

1. The rights and interests of migrant workers.

It mainly includes the following aspects: first, economic rights and interests, including the right to remuneration, the right to income, the right to equal pay for equal work, the right to equal employment opportunities, the right to social security and the right to social welfare; The second is the rights and interests of the society, including the right to free choice of employment, the right to labor safety protection, the right to vocational skills training, the right to labor dispute settlement, the right to rest, the right to vacation, etc.; The third is political rights and interests, such as the right to vote and to be elected, the right to personality, the right to personal freedom, and the right to participate in social management.

Second, the existing problems.

There are many problems and difficulties in the protection of the rights and interests of migrant workers, which are mainly manifested in the following aspects:

1.Employment discrimination. Employers regard migrant workers as "second-class citizens", and they cannot be paid equally for equal work, cannot be used for equal work at the same time, and cannot have the same rights for equal work.

2.The employment environment is poor and there is a lack of due labor protection. Occupational diseases or poisoning accidents occur frequently among migrant workers. The management also neglected work safety, resulting in uninterrupted work-related accidents, and migrant workers working under such conditions seriously undermined their right to health.

3.The right to remuneration for labour is not guaranteed. It is common for deposits to be collected, documents to be withheld, and wages to be owed and deducted.

4.The social security system for migrant workers has basically not been established. Migrant workers have been excluded from social security systems such as pension insurance and work-related injury insurance for a long time, and it is not until today that some documents have gradually been issued that require the establishment of a social security system for migrant workers, but in the implementation of these documents, they have not yet been fully implemented.

5.The right to rest and vacation is not guaranteed, and overtime has become a "normal" phenomenon.

6.Personal rights are not guaranteed. Bosses or managers search migrant workers' bodies and bags, beatings and corporal punishments are rife, and it is also heard of forcing migrant workers to kneel and swallow foreign objects.

Article 3 of the Labor Law of the People's Republic of China stipulates that workers enjoy the right to equal employment and choice of occupation, the right to receive remuneration for labor, the right to rest and vacation, the right to labor safety and health protection, the right to receive vocational skills training, the right to enjoy social insurance and welfare, the right to submit labor disputes for settlement, and other labor rights prescribed by law. Workers shall complete labor tasks, improve professional skills, implement labor safety and health regulations, and abide by labor discipline and professional ethics.