First, some problems faced by workers in China:
(A) the issue of workers' labor rights has not been fundamentally resolved. The right to work refers to the right of workers to enjoy fair employment, fair remuneration, legal labor protection, social insurance and so on. We believe that there should also be the right to sign and terminate contracts voluntarily, which involves the freedom rights stipulated by the constitution of workers. There is still employment discrimination in the employment of workers. According to the analysis of the recruitment information of 50 employers, 20% employers have employment discrimination, mainly involving image, gender, education, region, age and so on. The limitation of the 60-day appeal period in the Labor Law will also lead to the final zero of the rights of workers stipulated in the Labor Law. In this case, workers will still claim rights, dare to claim rights? In some private enterprises, more attention should be paid to the protection of workers' labor rights, especially the labor rights of migrant workers. In some private enterprises, it is common not to sign labor contracts with employees and not to apply for social insurance for employees; Some employers, especially construction enterprises, default and deduct the wages of migrant workers without reason, forcing migrant workers to work overtime and not mentioning the labor protection conditions provided, endangering the personal safety and health of migrant workers; The protection of the legitimate rights and interests of flexible employees has not been included in the scope of protection of labor law.
(2) The legal system is not perfect. The labor law is not systematic and there is no procedural law. The relevant regulations are interpreted by the Ministry of Labor and Social Security, which is very unsystematic. The Supreme People's Court's explanation is also very general. Moreover, when dealing with labor disputes, the relationship between the application of substantive law and procedural law and the general principles of civil law, civil procedure law and contract law in China has not been straightened out, and there is no clear statement on whether these laws are applicable. Therefore, in concrete implementation, it is often habitual, not concrete.
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(3) China's labor law theory, or the essence of labor law, lacks social recognition. As a social law, labor law has not been recognized by the society. The essence of labor law should be to protect the legitimate rights and interests of workers. Workers are different from enterprises. The purpose of workers is to survive, and the purpose of enterprises is to make profits. At the same time, in terms of risk avoidance, there is also great inequality between the two sides. In many cases, the risks faced by workers are far greater than those of enterprises, and the ability to avoid risks is far lower than that of enterprises, which requires the legal system to pay attention to protecting the legitimate rights and interests of workers.
(d) Efforts to implement the Labor Law need to be further strengthened. Some units violate labor security laws and regulations, and the phenomenon of non-compliance with laws is more serious. At present, the phenomenon of violating labor security laws and regulations and infringing on the legitimate rights and interests of employees is mainly concentrated in three major areas: First, the rights and interests of some migrant workers who are employed in cities are infringed. Some employers, especially construction enterprises, do not sign labor contracts with migrant workers, default and deduct their wages for no reason, force migrant workers to work overtime, and do not mention the labor protection conditions provided, which endangers the personal safety and health of migrant workers. Second, the rights and interests of employees in some non-public and small and medium-sized employers have been violated. Some employers do not participate in social insurance and pay social insurance premiums for employees according to law, and terminate labor contracts at will, infringing on employees' rights and interests of rest and vacation. Third, the rights and interests of employees of some state-owned enterprises that have been reorganized and closed have been violated. Some enterprises do not pay economic compensation according to law when they terminate labor relations with employees; Failure to pay social insurance premiums makes it difficult to continue the social insurance relationship of employees; The operating procedures of reorganization and restructuring are not standardized and transparent, and the employee resettlement plan has not been discussed by the employee congress or solicited opinions from the employees.
Second, the reasons why the labor protection of workers is not in place.
(A) the awareness of labor protection in some enterprises has faded. While pursuing the maximization of enterprise profits, we often ignore the work of labor safety and health, and consciously or unconsciously emphasize production, efficiency and safety. There is a phenomenon that labor protection is more important than doing it, and it is unnecessary to be busy.
(B) labor protection education is not enough, and employees' self-protection ability is poor. Some employees lack the consciousness of self-protection, do not pay attention to it ideologically, take shortcuts to save trouble, follow the rules, and violations occur from time to time. In some labor-intensive enterprises, there are many manual operations, and the accident rate of personal injury and death is relatively high.
(3) The technical quality of labor protection supervision and inspection teams of trade unions is low. Due to the reform and adjustment of enterprises, the personnel changes greatly, and the labor protection supervision and inspection team of trade unions cannot remain relatively stable, resulting in the lack of scientific management knowledge of labor protection and the low technical quality of existing personnel. In practical work, labor protection supervision inspectors often can't give opinions and won't supervise; The rectification plan is subject to the administration, and the supervision is weak, so it is difficult to perform the supervisory duties.
(4) There are certain problems in legislative work and actual operation. The comparison principle stipulated in many problems of labor law will encounter problems in actual operation.
Three. Tasks and methods of strengthening labor protection
(1) Task of labor protection: The task of labor protection is to take active and effective organizational management measures and engineering and technical measures to protect the safety and health of workers in the production process and promote the smooth development of socialist construction. Specifically divided into the following aspects:
1, security technology. Take all kinds of technical measures to ensure safety in production, control and eliminate all kinds of unsafe factors that are easy to hurt workers in the production process, reduce and put an end to casualties, and ensure workers to engage in productive labor safely.
2. Labor hygiene. Take various technical measures to ensure labor hygiene, improve the working environment, prevent and eliminate occupational diseases and occupational hazards, and ensure the health of workers.
3. Working conditions. Improve working conditions, reduce labor intensity and create a comfortable and good working environment for workers.
4. Working hours and holidays. Arrange a good combination of work and rest, strictly control overtime, ensure that workers have a reasonable rest time, so that workers can always maintain a healthy body, high enthusiasm and abundant energy, ensure safe production and improve labor efficiency.
5. Protection of female workers and underage workers. According to the physiological characteristics of female workers and underage workers, special protection shall be given according to law.
(II) Methods of Labor Protection At present, technical countermeasures, educational countermeasures and legal countermeasures are generally implemented in labor protection in countries all over the world. These three countermeasures are recognized as the three pillars of accident prevention. Through the role of these three pillars, accidents can be effectively prevented. At present, the main methods of labor protection in China are:
1. Implement the policy of "safety first, prevention first" and improve the labor protection system. First, resolutely implement the principle of "production must be safe" and implement the principles, policies and specific tasks of production and labor protection. The second is to establish and improve the protection and supervision system in the labor administrative department, strengthen the strength of labor protection supervision institutions, and give full play to the role of national labor protection supervision. The third is to strengthen supervision by the masses. The trade union shall criticize and suggest the enterprise's safe production behavior, and urge the relevant parties to improve it in time.
2, improve the legal system of labor protection, improve the legal system of labor protection. The legal system of labor protection refers to the standardization and culture of various measures to improve working conditions and ensure safe production and civilized production in the form of legislation, which is fixed in the form of laws and regulations, making it a code of conduct that the whole society must abide by. With laws and regulations, on the one hand, the responsibilities of enterprise leaders and economic management departments in protecting the safety and health of workers can be clarified; On the other hand, it can guarantee the safety and health of workers in production according to law, which is more conducive to the implementation of labor protection supervision.
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3, not bad to adopt new technology, improve working conditions. With the reform of production technology and technological progress, unsafe and unsanitary factors in production can be reduced or even eliminated by transforming the original backward technology and equipment and improving the reliability of labor safety and health devices and facilities.
4, extensive publicity and education on labor protection. Publicity and education is an effective means to improve the awareness of leaders at all levels and the masses on the importance of labor protection. On the one hand, we should publicize good experiences and practices and deeply understand the pain and loss caused by accidents and occupational diseases. The forms of publicity and education should be varied and vivid in order to improve the actual effect.
5. Actively carry out scientific research on labor protection. Science and technology are the primary productive forces, and scientific research on labor protection must also be ahead of other work. With the in-depth development of economic construction, new science and technology are constantly emerging, which will inevitably produce new scientific and technological topics of labor protection. Therefore, scientific research on labor protection must be regarded as an eternal task and constantly strengthened. It is necessary to strengthen the collection of intelligence information and provide scientific data and means for solving labor safety and health problems, formulating labor safety and health standards and carrying out technical supervision.
Four. Specific measures to strengthen workers' labor protection Strengthen workers' labor protection, mainly from the aspects of system measures, organizational measures and technical measures. The specific method is as follows:
(1) institutional measures. Mainly includes:
1, resolutely implement the labor protection policy of "labor first, safety first".
2. Strengthen the safety inspection system. It is an important method and means to promote labor protection and realize safe production.
3, strengthen the responsibility system for production safety. The responsibility system for production safety refers to a system in which leaders at all levels, functional departments, relevant engineering and technical personnel and production workers assume safety responsibilities in production. In all enterprises and units, according to the enterprise leaders, workshop leaders, section chiefs and workers, they should be responsible for the work of safety in production, and they should all be posted on the wall, with clear division of labor and clear responsibilities.
4, production safety education system. Help educate workers and the masses to correctly understand and improve their technical level, so that they can consciously implement the principles, policies and regulations on safety in production.
5, casualty accident reporting system. The reporting, registration, investigation, handling and statistical analysis of employee casualty accidents, and the casualty reporting system is an important part of labor protection work, which must be taken seriously as a labor department.
(2) organizational measures. Mainly includes:
1, formulate and improve labor protection laws and regulations. For example, from organs, departments, enterprises and institutions to managers and individual workers in labor protection work; Technical standards and on-site operation procedures for labor safety and labor hygiene; Provisions on the investigation, handling, statistics and reporting of casualty accidents; Working hours and vacation system; Provisions on special protection of women's labor, etc.
2, the establishment of national labor protection inspectors, responsible for the supervision and inspection of units and individuals to implement labor protection rules and regulations and safety and health technical standards, operating procedures. At the same time, the establishment of enterprises and institutions team (or workshop) level labor protection personnel network, by the masses to supervise the labor protection work of the unit.
3. Strengthen scientific research on labor protection, provide scientific basis for formulating labor protection regulations and safety and health technical standards, formulate corresponding labor protection technical measures for adopting new technologies and equipment, and develop monitoring instruments and equipment.
4. Carry out publicity and education on labor protection. Including setting up labor protection specialty in colleges and universities to train senior specialized technical personnel; Training production management personnel and full-time labor protection personnel; The implementation of professional training and examination certification system for workers of special types of work; Popularize labor protection theory and technical knowledge by means of movies, television, radio, newspapers and exhibitions.
5. Implement the social insurance system, improve insurance policies, and intensify supervision, inspection and punishment. Enterprises must sign labor contracts with employees, especially migrant workers, participate in various insurances, pay insurance premiums in full and on time, gradually improve the compensation standard for casualties in production safety accidents, and urge enterprises to pay compensation to employees injured in production safety accidents or their families. For industries with high mobility of workers such as construction and catering, study and formulate insurance policies suitable for the nature of the industry.
6, strengthen the role of trade unions in the labor protection of workers. Trade union organizations must take safeguarding the safety and health of workers as the main task of safeguarding rights in the spirit of being highly responsible to the country, the people and the workers, and enhance the consciousness of doing a good job in labor protection; The labor protection work of trade unions should be guided by Scientific Outlook on Development, adhere to the people-oriented principle and be based on legal maintenance; Actively carry out employee safety education, create an atmosphere that attaches importance to safety production, and improve the safety quality and self-protection ability of employees; Strengthen the efforts of trade unions to safeguard workers' labor protection rights and interests; Effectively strengthen self-construction.
(2) Technical measures. It mainly includes: taking corresponding preventive technical countermeasures and protective measures for unsafe factors and mechanical injuries that may suddenly occur due to physical and chemical factors, including crushing injuries and cutting injuries caused by equipment and tools in mechanical transmission parts, falling injuries from high altitude and injuries caused by engaging in toxic and harmful operations. In China, according to the labor protection legislation, government organs, economic departments, enterprises and their managers at all levels must take various organizational and technical measures to create safe, hygienic and comfortable working conditions for workers; To prevent and eliminate casualties, occupational poisoning and occupational diseases in the process of labor; Protect workers' health and life safety; Maintain and improve the long-lasting labor ability of laborers and avoid undue losses of social labor and material wealth.
Legal basis:
Notice of the State Planning Commission, the State Economic Commission and the State Construction Committee on arranging funds for labor protection measures; In socialist production and construction, it is the consistent policy of the party and the state to improve working conditions in a planned way and ensure the safety and health of workers. Over the years, various regions and departments have done a lot of work in improving the working conditions of enterprises and achieved certain results. However, there are many old enterprises in China with a weak foundation, and some regions and departments pay insufficient attention to them. The casualties and dust poisoning in enterprises are still very serious. Many enterprises have similar accidents, with high incidence of occupational diseases, low attendance and low production efficiency. This not only endangers the safety and health of workers, but also seriously affects the development of production. In order to strengthen labor protection, in the middle of 1978, the Central Committee of the Communist Party of China issued the Notice on Seriously Doing a Good Job in Labor Protection. In April this year, the State Council approved the Report of the State General Administration of Labor and the Ministry of Health on Strengthening Dust Prevention and Virus Prevention in Factories and Mines (namely Guo Fa [1979] 100), requiring all enterprises to solve the problem within three, five and eight years respectively.