In the early morning of December 29, a scaffolding collapse occurred at a construction site at the Tsinghua Middle School in Beijing, killing 10 people and injuring four others; on December 28, a tower crane overturned at a construction site in Bengbu, Anhui Province. , causing 3 deaths and two injuries; on December 19, a collapse occurred in the Xingfu Garden Community project in Guangshan County, Henan Province, resulting in 5 deaths and 9 injuries.
According to statistics, there were more than 7 collapse accidents of projects under construction publicly reported across the country in December last year. Due to the particularity of the production, operation and employment methods of the construction industry, work-related accidents occur frequently. However, the low participation rate of work-related injury insurance among construction workers, the difficulty in investigating and obtaining evidence for work-related injury identification, and the difficulty in implementing work-related injury benefits are prominent. Work-related injury rights protection has become the most important issue for practitioners in this field. concerns and the most urgent problems to solve.
In response to some common work-related injury problems, the reporter interviewed Li Lan, a member of the National Committee of the Chinese People's Political Consultative Conference and a researcher at the Institute of Languages ??of the Chinese Academy of Social Sciences, and a member of the Social and Legal Affairs Committee of the National Committee of the Chinese People's Political Consultative Conference and a partner of Guoco Law Firm (Chengdu) Shi Jie, please give me some advice.
It is difficult to get insurance for subcontractors
Case: Zhang was accidentally injured during construction at a construction site. When applying for work-related injury recognition, he found that the contractor was also subcontracting the project at different levels. , let alone providing him with work-related injury insurance, he is not even qualified as an employer. The construction company even stated that Zhang’s salary is not included in the total salary, and according to the current payment method, it cannot provide him with work-related injury insurance.
Li Lan: The construction unit must separately list the work-related injury insurance premiums in the project budget as a non-competitive fee and not participate in the bidding. The construction general contractor must pay the project in one lump sum before the project starts. Work-related injury insurance premiums cover all employees employed in the project, including migrant workers employed by professional contracting units and labor subcontracting units. That is, migrant workers in the construction industry are insured according to "project insurance, one-time payment, full coverage, and full service" model to provide good work-related injury insurance benefits for migrant workers in the construction industry. At the same time, enterprises that participate in insurance based on construction projects do not have to pay based on total wages. Instead, they can calculate and pay work-related injury insurance premiums based on a certain proportion of the total project cost.
At the same time, illegal activities such as qualification affiliation, subcontracting, and subcontracting should be put to an end. Relevant departments should resolutely implement relevant national policies and laws, effectively supervise project management issues in the construction industry, and start from the source. Put an end to the dilemma of having no one accountable for safety accidents. At the same time, the joint and several liability investigation mechanism for illegal subcontracting work-related injuries should also be clarified. That is, if the contract-issuing unit subcontracts the project business to an organization or individual that does not have the qualifications to be an employer, and a work-related injury is caused, the contract-issuing unit and the organization or individual that does not have the qualifications to be the main employer must have Bear joint and several liability for compensation. If the construction project does not participate in work-related injury insurance and an employee suffers a work-related injury, the employer will have to pay the employee work-related injury benefits. At the same time, the general construction contractor and the construction unit must bear joint and several liability.
The unit failed to pay work-related injury insurance
Case: Wang, a migrant worker, was engaged in high-altitude work at a construction site. During the construction, he fell from a 5-meter-high steel pipe frame, causing multiple injuries to his body. fracture. Although he was recognized as a work-related injury by the human resources and social security department, he was unable to enjoy work-related injury insurance benefits because his employer did not pay work-related injury insurance for him.
Li Lan: All construction projects must be insured. Without insurance, construction cannot start. When handling the construction permit procedures, the construction unit shall submit the work-related injury insurance certificate for the construction project as one of the measures to ensure the safe construction of the project. For projects where safety construction measures are not implemented, the local housing and urban-rural development authorities will not issue construction permits.
Shi Jie: In response to this problem, some regions have begun to make useful attempts. For example, Chengdu, Sichuan Province has issued the "Trial Measures for the Participation of Social Insurance for Migrant Workers of Construction Enterprises Not Registered in the City", which stipulates that within the administrative area of ????this city, construction enterprises engaged in the construction of housing construction and municipal infrastructure projects that do not have the household registration of the city. Migrant workers shall participate in the social insurance of construction enterprises in accordance with the provisions of these Measures, and the construction enterprises shall pay social insurance premiums. After migrant workers encounter work-related injuries, the relevant benefits of the work-related injury insurance for those who have participated in the insurance under their real names shall be paid by the work-related injury insurance fund. Therefore, if a construction company fails to provide insurance for migrant workers as required, the migrant workers can report the situation to the local social security bureau, construction authorities, etc., and urge the company to pay insurance premiums for the migrant workers. If the company fails to provide insurance for migrant workers when they encounter work-related injuries, Even if there is no guarantee, you can still claim compensation from the construction company based on the tort liability law.
It is difficult to confirm the labor relationship
Case: When Wu was doing painting work at a construction site, his left foot was scratched by the window glass and damaged his nerves. Because he did not sign a written labor contract, Wu must first prove that he had a labor relationship with the construction company before he could conduct work-related injury identification and disability assessment and obtain due work-related injury compensation. However, the construction company refused to admit the existence of a labor relationship between the two parties and did not provide relevant evidence. The difficulty in determining labor relations has become an obstacle in the way of workers' rights protection due to work-related injuries.
Li Lan: If a construction worker encounters a work-related injury without signing a contract, he or she can confirm the labor relationship with evidence such as salary payment vouchers, work certificates, and attendance records. Workers themselves also need to collect labor relations documents as much as possible, such as the construction location where the accident occurred and witnesses. Of course, this does not mean that construction companies can not sign contracts with employees. Construction companies should sign labor contracts with employees in accordance with the law to protect their rights and interests.
Shi Jie: It is recommended that migrant workers pay attention to retain evidence that can prove the existence of a labor relationship, such as wage payment vouchers, work permits, etc. during their work, so that they can be prepared when they need to prove the existence of a labor relationship. ;