Footwear Enterprises Need To Focus On The New Generation Of Migrant Workers

The tradition of "making money, building a house, taking a wife, having children" is the goal of life. Migrant workers It seems that they are accustomed to hard work and resignation. No matter how hard the work is, as long as they get the money, they can endure it silently. But for youth, Occupation The new generation of migrant workers, who have just begun, have the characteristics of age. They are no longer satisfied with how much money they take, but pay close attention to the realization of their immediate interests. A survey of the new generation of migrant workers living in Wenzhou indicated that when the dispute broke out, the new generation of migrant workers who chose to "silently endure" was 3 percentage points lower than the old generation.

　 80 migrant workers Sue four Service enterprises

Tao Hongbang, the name has recently been seen in newspapers. This 80 year old Hubei guy came to Wen in 2007 and went to court with four clothing companies, including original Clothing Co., Ltd., Dinel Clothing Co., Ltd., Yi Meng Clothing Co., Ltd. and lege limited.

The "Wang Hai" of this peasant worker complained about labor and capital. According to statistics, Tao Hong Bang made a total of claims to the 4 enterprises about 15 million yuan. After the labor dispute arbitration committee and the court's first instance and second instance judgment, Tao Hongbang received more than 7000 yuan of compensation.

In 2008, Tao worked for six months in Wenzhou original clothing Limited company, and claimed compensation for the company for about 5000000 yuan on the grounds of not signing a labor contract. Finally, after judgement, the company paid Tao Jitao's brother a salary of 7000 yuan.

In 2009, after working for more than 3 months at dnear dress limited, Tao claimed about 3000000 yuan for the labour problem. Later, he went to work in Yi Meng Clothing Co., Ltd., and worked for more than 10 days. He was dismissed. Because the company did not pay wages, Tao proposed a punitive damages of about 400000 yuan, and was awarded a salary of more than 300 yuan by the court.

In September of this year, Tao Hongbang appealed to the city intermediate people's court for the reason that the company did not pay the wages and overtime fees in full and in time. Tao demanded a 60 thousand yuan wage difference, a compensation of more than 100 thousand yuan, and a compensation of about 6300000 yuan.

In the lawsuit, Tao Hong Bang paid a lot. He was even included in the "black list" of the clothing industry in Wenzhou, warning the service company to use this person cautiously. Tao Hongbang also got a lot. He never knew the law before, and now he will write a petition. He will reply freely in court. Tao Hongbang said, "I have no regrets. I still believe in law and believe that the state is also a safeguard of the rights and interests of workers."

When a reporter asked him if he was afraid that he could not find a job, Tao wanted to say, "I'm not afraid. I'm afraid my enterprise is a bad company. I'm in arrears with wages or wages, or business owners are unreasonable." But I believe not all companies are like that.

For example, there are many Post-80 migrant workers like Tao hung bang. Lin Yu, who is responsible for the reception and reception at the Municipal Federation of trade unions' rights protection and help center, said that in recent years, most of the petitioners in the center were new generation of migrant workers. They had improved their cultural level compared with the first generation of migrant workers, and had strengthened their legal awareness. Once they realized that the labor protection provided by the enterprises violated the legal provisions, they immediately took legal measures to safeguard their rights.

　　 Wages are no longer the only pursuit.

Whether it is the first generation or the new generation of migrant workers, the issue of labor and capital is always the core of their appeal. But in recent years, with the increasing number of new generation of migrant workers, the content of appeal has gradually diversified.

In April of this year, 12 employees of a mold company in Wenzhou were collectively interviewed by the Municipal Federation of trade unions. The 12 employees, who have worked for six or seven years in the enterprise and have been engaged in technical jobs, have rich work experience. They belong to senior blue collar workers, and labor disputes arise as a result of unilaterally dissolving the labor contracts. Although the company has fulfilled the corresponding costs incurred by unilaterally cancelling the contract, the employee is still not satisfied with the payment of the pension insurance, and appeals.

Coincidentally, in January of this year, Wu Yonghua, a 21 year old girl from Zunyi, Guizhou, applied for arbitration to the Wenzhou labor dispute arbitration committee. The content was that a shoe company in Wenzhou, which was inaugurated, did not pay overtime fees and pay social insurance premiums.

The reporter learned from the city employment center that the average turnover rate of Wenzhou enterprises is 10% per month. Wang Ouxiang, deputy secretary of the center, said that this data is far beyond the previous years, mainly concentrated in small and medium-sized enterprises which are not yet in scale. The reason why Wang Ouxiang analyzed the high turnover rate is that the demand for migrant workers is more diversified than before, especially the new generation of migrant workers. It began to transform from the single wage increase in the past to the full realization of the vital interests of the elderly, medical care and other related issues. Social insurance has gradually become a common phenomenon nowadays.

According to statistics, the proportion of visits to the Federation of trade unions in the first half of this year increased from 3.16% last year to 7.42% this year. Sun Zhengyi, director of the Municipal Federation of trade unions' rights protection and help center, said in an interview with reporters that concerns about social insurance issues illustrate the improvement of workers' legal consciousness, and fully show the pursuit of maximization of their own interests by migrant workers today. {page_break}

　 Labor Protection Bureau becomes the preferred path of safeguarding rights

When the rights and interests of the new generation of migrant workers are infringed, judicial relief, private relief, social relief... How do they choose?

Zhang Chongwei, a lawyer of the Municipal Federation of trade unions' rights and interests department, said that in the event of a labor dispute, the peasant workers could consult with the enterprises first. If the consultation fails, mediation can be made to enterprises, townships and labor arbitration committees. If they fail to do so, they can apply for labor dispute arbitration. If they refuse to accept arbitration, they may bring a lawsuit to the court.

Seemingly unobstructed rights protection path, but in the long term study of the new generation of migrant workers, Liu Yun, law expert of the University of WINDA Oujiang, there seems to be too much labor dispute handling system and high cost of safeguarding rights.

The survey shows that when labor disputes occur, the proportion of migrant workers choosing the labor protection bureau is the highest. The number of new and old two generation migrant workers exceeds 70%, followed by the unit trade union, which is more than 20%. Among them, the proportion of choosing the answer to "silently tolerate" is that the new generation of migrant workers is 3% lower than the old generation of migrant workers. This reflects the awareness of safeguarding the rights of the new generation of migrant workers from one aspect.

In order to guide the migrant workers to protect themselves, the Wenzhou economic and Technological Development Zone Planning and Construction Bureau launched the "peasant workers' rights protection notification notice card" system in May this year, requiring the construction enterprises to "start the work and set up the brand first". At present, there are 110 rights protection cards in the jurisdiction area. Since the implementation of the system, 6 legitimate rights and interests of more than 40 people have been protected.

The head of the Municipal Federation of trade unions said that in addition to strengthening the role of trade union organizations, it is suggested that the protection of the rights and interests of migrant workers should be included in the performance appraisal of local governments, so that departments will form a joint effort to safeguard the rights and interests of migrant workers.

　 Expert Perspective

Creating a legal environment for the protection of rights and interests

Liu Yun, director of the society law society of Zhejiang law society, lecturer of law department, Oujiang college, Wenzhou University, Assistant Research Fellow, Institute of social law, Wenzhou University.

Based on the current social development process, the protection of the rights and interests of the new generation of migrant workers is also the key to citizenization. Due to the imbalance between the external environment and the internal capabilities and subjective wishes of the new generation of migrant workers, the issue of rights maintenance and citizenization is faced with severe challenges arising from economic, political, cultural and educational levels.

The new generation of migrant workers still have problems such as low wage level, low education level, low labor contract signing rate, high incidence of industrial accidents and occupational diseases.

To improve the rights and interests of the new generation of migrant workers, we should first proceed from the perspective of legal protection, strictly enforce the core labor laws such as the labor law, the labor contract law and the social insurance law; attach importance to the popularization and implementation of the supporting laws and regulations, such as the employment discrimination law and the Provisional Regulations on wage payment; speed up the formulation of the collective contract law, fully implement the labor contract and collective contract system, promote the collective bargaining work, and strengthen the form guarantee and means protection for the maintenance of interests.

Secondly, we should further improve the judicial process and improve the judicial system. The current labor dispute administrative and litigation procedures are not conducive to the protection of laborers. Labor cases have a long trial period and many procedures. Therefore, in order to facilitate the peasant workers, the arbitration cases of the peasant workers who complain about the arrears of wages, wages and work-related injuries of the employers should be waived, and the handling fees charged by the migrant workers themselves should be reduced as much as possible, simplifying the procedures and procedures for protecting the rights of migrant workers, and contributing to the active provision of legal aid and legal services by the judicial administrative departments at all levels.

Third, we must create a legal environment for the protection of rights and interests. The most important thing is to reform the household registration system, abolish the two yuan household registration in urban and rural areas, and put the demand for employment services, children's education and social security into the scope of urban public services, so as to ensure the equal economic and social rights of migrant workers and urban population.

The labor and social security departments, civil affairs departments, women's federations, trade unions, neighborhood committees, village committees and other organizations should also be duty bound to safeguard the rights and interests of the new generation of migrant workers. We should try our best to further explore new mechanisms and methods for the new generation of migrant workers' rights protection work and form a social work pattern.