Re: labor protection for senior citizens is still lacking in consensus.
The relevant law stipulates that the employing unit has recruited the legal retirement age, and has not enjoyed the pension insurance treatment or pension. The employment relations formed by both sides are handled according to the labor relations; the pension insurance treatment or retirement has been enjoyed and handled according to the labor relations. The introduction of the new rural endowment insurance system has disrupted the guarantee system composed of relevant laws and judicial interpretations.
is not only a problem of relationship identification after industrial injury, but the situation of elderly migrant workers has been widely concerned by the society.
the media survey found that the second industry or the low end service industry with hard working conditions and high intensity is hard and tired, the younger migrant workers are willing to engage in less and less, and the most active in these industries are "old people" over 50 years old. In order to earn money to subsidize the family or save for the aged, older migrant workers have to leave their homes to engage in the most tired physical work. In order to avoid the inspection, the elderly over 60 years old even dye black hair and hold fake ID cards. At the same time, due to "no successor", construction, transportation and other "cooly" industries also need to rely on the support of older migrant workers.
it is worth noting that the social insurance law of the People's Republic of China was promulgated and implemented in 2010, and the rural migrant workers were completely incorporated into the social insurance category. However, because there is a "cumulative payment of 15 years to enjoy the pension insurance treatment", the calculation of the social insurance payment years of migrant workers is seriously affected, although the first generation of migrant workers, although they have entered the old age, few people can enjoy the treatment.
at present, due to the lack of supervision by the labor supervision department, the investigation and investigation of some law enforcement agencies is weak, and it is common for the enterprises to refuse to handle social insurance for migrant workers, especially in the construction industry. In addition, the contribution of the basic endowment insurance system of urban employees and the contribution of the social overall account can not be transferred with people, resulting in the role of the migrant workers in the loss of society. The peasant workers have a weak legal consciousness, lack the trust in the social insurance system and do not want to pay insurance, which seriously affects the benefits of migrant workers' pension insurance. Yes.
is relative to that, the first generation of migrant workers are concentrating on the second industry with large physical labor and poor working environment. They show the characteristics of slow metabolism, decline of resistance, decline of physiological function and so on. At the same time, the risk of labor safety, the risk of disease, and even the risk of death are much larger, and the hard working environment of the construction industry has increased the above risk.
in fact, according to the national survey report on rural migrant workers in 2014, only 26.2% of the migrant workers in China have industrial injury insurance, and other social insurance coverage rates are: medical insurance 17.6%, pension insurance 16.7%, unemployment insurance 10.5%, birth insurance 7.8%, and housing deposit 5.5%. Among the older migrant workers, the rate of participation is lower. Undeniably, the higher the risk of continuous manual labor for older migrant workers, the less relevant protection is.
some experts point out that the social security rights of the elderly migrant workers can not be effectively guaranteed and implemented in real life, because there are many reasons, not only ideological and cognitive reasons, but also institutional and legal reasons, the key is the lack of effective and effective system guarantee and support.
Jin Yingjie, deputy director of the Institute of social law of the school of civil and commercial law of China University of Political Science and Law, the most important thing is to use the rule of thinking and the rule of law, to promote the "old and old" of migrant workers. He believed that we should explore a social security model for the elderly migrant workers and establish a unified urban and rural endowment insurance system.
facts have proved that it is very necessary to tailor corresponding policies and measures to them according to their special characteristics. In August 2014, Nantong, Jiangsu formulated the implementation of "enforcement measures for occupational injury insurance exceeding the statutory retirement age employees", which took the lead in introducing the commercial insurance model to ensure the employment rights of the elderly migrant workers. Up to now, in Nantong, 4100 overage employees in 578 enterprises have participated in the occupational injury insurance, and the overage personnel of 36 enterprises have received a total of 1 million 850 thousand yuan of disability gold and medical expenses.
in addition, the relevant experts also pointed out that, due to the lag effect of policy, the policy's sunshine and the dividend of reform can not be quickly spread to all older migrant workers. It is more realistic to give them better treatment and guarantee while promoting the implementation of the policy. "
" the first generation of migrant workers are already old, and are gradually losing their ability to work. They have encountered various risks and injuries in their continued labor, but their basic rights and interests are not guaranteed. " Jin Yingjie said that the difference between the social insurance system and the real pension equity between people with different domicile and different identities is the right of the country under the rule of law and the civilized society.
(Legal Daily journalist Zhou Xiaopeng)