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Gao Zi Lan'S Legal Protection For Laborers

2015/1/17 20:01:00 19

Gao ZilunLaborerLabor Law

On December 23, 2014, Ma Kai, vice premier of the State Council, talked about the issue of coordinating the construction of social security system in urban and rural areas.

He pointed out that the biggest highlight of the social security reform plan is to further promote the merger of the party and government organs, public institutions and the old-age insurance system for urban workers.

It can be said that the "dual track system" problem of corporate social security treatment has long been put on the agenda.

However, the "temporary employees" who work in the party and government organs, public institutions and state-owned enterprises, as well as a large number of employees in small and medium-sized private enterprises, still can not enjoy the rights stipulated in the labor laws.

Especially in some small and medium-sized private enterprises, the phenomenon of signing labor contracts, arrears of wages for workers and staff members, no "five risks and one gold" for workers, and no adequate rest time and statutory holidays for workers are common occurrences, which seriously violates the relevant rights of workers.

The first reason is that the desire of some managers to interact with the distorted views of local government officials leads to the formation of effective supervision and management mechanism.

On the one hand, the managers of small and medium-sized enterprises face the vast labor market. They think that "three legged toads are rare, and two legs are many". They rely on themselves as employers and ignore the legitimate rights and interests of workers.

On the other hand, some local government departments, for political achievements and local interests, have a "blind eye" to some illegal SMEs.

Two, no matter employers or workers, the legal awareness is very weak.

Some employers even think that "failing to give employees five risks and one gold" is a mistake and mistake in their work.

However, the employed party often suffers from the lack of awareness of safeguarding rights in accordance with the law, and does not defend their legitimate rights and interests with legal weapons. Many people choose to swallow it.

At the same time, we should also face up to the present.

Small and medium-sized enterprises

The present situation of oneself.

By the end of 2013, the number of SMEs registered in China exceeded 4200, accounting for more than 90% of the total number of enterprises in the country, creating nearly 60% of China's total economic output.

However, small and medium-sized enterprises face many difficulties in their development. They are small in scale and poor in risk resistance. Under the pressure of various names of taxes and imperfect market economy system, some enterprises are facing difficulties.

Controller

They are forced to discounted the social insurance of the workers and cut down their expenses.

What needs to be emphasized is the violation of labor.

Law

Although the problem is the result of internal and external co operation, external pressure can not be used as an excuse and a cover for self inaction.

While perfecting the law and system construction, it is also necessary for every SME manager to enhance their legal sense and assume corresponding social responsibilities.


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