Re: labor protection for senior citizens is still lacking in consensus.
in another case of labor dispute dispute among the older migrant workers in Wang Shifeng's case.
2002, Zhang Shuyuan was recruited as a night guard by Chengde Jia Fu sugar and Wine Trading Co., Ltd., working in the company. In November 11, 2013, Zhang Shuyuan exploded when he fired a boiler at the marketing shop of the company. Zhang Shuyuan was injured and hospitalized in hospital for 10 days.
, later, Zhang Shuyuan applied for work injury identification, the business company believes that Zhang Shuyuan has more than 60 years old, the two sides do not have labor relations, Chengde human resources and Social Security Bureau suspension of industrial injury identification, Zhang Shuyuan to confirm labor relations. With the same situation as Lao Zhao, the Arbitration Commission decided not to accept the Arbitration Commission on the same grounds when Zhang Shuyuan submitted an arbitration application for confirmation of labor relations to the Pingquan county labour and personnel dispute arbitration commission. In May,
2014 filed a lawsuit against Pingquan county court in May. She demanded to confirm the existence of labor relations between the plaintiff and the defendant company.
Pingquan county court found that the fact that the plaintiff, Zhang Shuyuan, who had been injured in his work in 2002, was clear about the fact that the two parties had not signed a labor contract, but in fact, there was a relationship with the defendant company. When the plaintiff reached the statutory retirement age, the defendant did not dismiss him and continue to retain it. As a rural migrant worker, the plaintiff age has exceeded the statutory retirement age, but has not enjoyed pension benefits and pensions.
the court of first instance decided to support the plaintiff's claim for confirmation of the existence of labor relations with the defendant.
defendant business company disagrees, considers that it is only employment relationship with Zhang Shuyuan, so appeals. In April 2015, the Chengde intermediate people's court dismissed the appeal and upheld the original judgment. At present, Zhang Shuyuan has filed a lawsuit against the court on compensation for industrial injury.
Wang Shifeng told reporters that the case is similar to Lao Zhao's case but has different results, the key is whether the plaintiff is enjoying the pension insurance treatment and pension.
it is understood that in 2011, according to the national deployment, Hebei province began to carry out a new rural old-age insurance system. After the age of more than 60 years old, the farmers can receive more than 50 yuan per month. Lao Zhao took part in the new rural social security system and began to collect pension in the village since 2012.
Wang Shifeng introduced that before the implementation of the new rural old-age insurance system, only urban residents can enjoy pension insurance, although the two are called pension insurance, but the two are very different in the amount, function, nature and so on.
in his view, the urban pension insurance can meet the basic life of the residents. The amount of the rural pension insurance can only be used as a subsidy, and the security ability is weak, and it basically does not have the function of the old age. Moreover, the social insurance law does not incorporate the new rural social endowment insurance into the scope of social co ordination, and is not the basic old-age insurance in the real sense. This subsidy does not conflict with the determination of labor relations stipulated by law.
"judicial interpretation, only to say that the enjoyment of old-age insurance benefits, there is no distinction between urban and rural areas." Wang Shifeng said that the relevant judicial interpretation originated in 2010, and the new agricultural insurance began to be carried out in 2010, and it has not yet realized full coverage of rural residents. This is obviously imperfect after the emergence of industrial injuries of the older migrant workers.
Wang Shifeng told reporters that although there is only one word difference between labor relations and labor relations, there will be great differences in the amount of compensation. In the case of Lao Zhao, if it was identified as a labor relationship and then identified as a work injury, it could get a compensation of about 80 thousand yuan; if it was identified as a labor relationship, only about 10 thousand yuan of compensation could be obtained. The compensation that Lao Zhao finally obtained through mediation is far from being recognized as the standard of labor relations.
"for migrant workers, different cognizance has great impact on their lives." Wang Shifeng said that in the case of Lao Zhao, in order to protect the rights and interests of the two sides more fairly, the case court made a special report to the superior court to determine which law to apply, but the higher court did not make a solution.