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Labor Contracts Are Difficult To Sign After The Event.

2014/4/17 20:17:00 31

Labor ContractRights ProtectionLabor Law

< p > < strong > there are migrant workers who believe in contractor's work < /strong > /p >


< p > < strong > never signed a href= "//www.sjfzxm.com/news/index_c.asp" > Contract > /a > /strong > /p >


At P a.m. every morning, at 7 a.m., there will be a large number of migrant workers who come to work in the Fenghuang garden labor market in Nanchang. According to Ceng Lei, director of the labor market, there are more than 300 migrant workers registered at present.

< /p >


Zuo Yongwei, P, aged 42, comes from Wulong County, Chongqing. More than 200 people in one line work in a construction site in Nanchang. When the market is good, each person can earn seven thousand or eight thousand yuan per month.

Ceng Lei said that in the field of construction, the demand for labor in short supply was higher than that in the construction industry. For example, he said, according to the daily wage, the price of the masonry market is 240 yuan ~260 yuan per day, 30 yuan per hour ~35 yuan, and the woodworking market price is 260 yuan per day, 32 yuan per hour ~35 yuan.

< /p >


< p > > a href= "//www.sjfzxm.com/news/index_c.asp" > scattered labor market < /a > supply exceeds demand, but migrant workers' rights awareness is still weak.

"We have never signed a contract. We are working with a good contractor. He is responsible for signing the contract. We have not yet received any arrears from Chongqing to Xinjiang and Jiangxi."

Zuo Yongwei never thought about the situation of wages being defaulted. He said, "even if you encounter a a href=" //www.sjfzxm.com/news/index_c.asp ", a salary of less than /a, you will find a contractor who is a fellow townsman. How can he not give it?" /p ".


< p > He Zhenquan and He Manying from Hunan Liuzhou mountain area said that they were often defaulted on wages and had no complaints.

"The boss of the building wants to owe us wages, so long as the excuse is that the work is not qualified."

He Manying reckoned that the wages owed over the years were more than 20000 yuan. "The wages which were owed in 1998 have not yet been recovered."

< /p >


< p > "not signing labor contracts is very arbitrary. Contractors do not pay wages. They often make IOUS and avoid us."

He Zhenquan said, but in the past two years, the situation of arrears of wages was less, once the wages were owed, the workers would call the police or find the labor supervision department to complain.

< /p >


< p > < strong > labor contract signed at random < /strong > < /p >.


< p > < strong > more difficult to safeguard rights after the event < /strong > < /p >.


< p > labor contract is an important guarantee for laborers to realize their labor rights. According to the labor contract law and labor law, construction enterprises should sign labor contracts directly with migrant workers.

"But because there is no corresponding supporting measures, it is difficult to enforce in reality, and no wage owed migrant workers who have come to seek rights protection have signed a labor contract."

Ouyang Chengwei, a lawyer of migrant workers' rights guidance center of Jiangxi Lawyers Association, said that in the field of construction, the rate of signing labor contracts is still low. Some construction companies say migrant workers who work outside their homes are their own townsman and do not sign contracts.

< /p >


< p > Ouyang analysis whether or not to sign a labor contract is directly related to the game between the two sides in the labor relations of migrant workers.

Many strong construction units and contractors use the information asymmetry advantage to induce migrant workers to sign labor contracts instead of labor contracts or even give up contracts. As a weak party, the poor economic conditions of migrant workers are willing to sacrifice part of their rights for a job voluntarily.

If the labor contract law is not signed, once the laborers are infringed, they often fall into the plight of insufficient evidence.

In Ouyang'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.

< /p >

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