[Sichuan] Investigation Report on the Rights and Interests of Migrant Workers from Sichuan Province

[Sichuan] Investigation Report on the Rights and Interests of Migrant Workers from Sichuan Province

Sichuan, which exports labor and labor services to major provinces, transfers and exports more than 13 million migrant workers every year, ranking first in the country. Among them, the output of more than 6 million people across the province, the annual income of labor services reached more than 43 billion yuan, labor income has become an important channel for Sichuan farmers to increase their income. However, due to the lack of awareness of safety responsibility and related systems and regulatory measures in some employers, many of them are living and developing at a heavy cost of life and health. At present, the number of occupational diseases in Sichuan has risen to the third place in the country, and the poisoning accident ranks fifth in the country. Most of its victims are migrant workers.

"Heaven" was shackled by several "holes"
There is an old saying in China: "People are dead." Numerous facts prove that when this "day" is artificially ignored and ignored, the occurrence of tragedy is often inevitable. At about 1 pm on June 25, when the Sichuan Provincial Government first organized the “Safe Production Tianfuxing” propaganda group to investigate the safety and health of employees in private enterprises in the province, a malignant gas occurred in Fuyuan Coal Mine in Dazhou, Sichuan. The suffocation accident caused two operators to die of poisoning on the spot. More than an hour later, two successors were also poisoned and died of poisoning into the gas leak area. Later, due to improper safety rescue measures, three rescue miners died of poisoning. The unfortunate death of these seven miners is only a typical epitome of the lack of strong protection for the safety and health of migrant workers in recent years.
According to a survey conducted by the Sichuan Provincial Federation of Trade Unions on the status of labor safety and health of migrant workers in the province, in 2003, Sichuan industrial and mining enterprises had a total of 983 accidents, migrant workers accounted for nearly half, and migrant workers were seriously injured, reaching 1,660. The number of deaths and serious injuries in the province and the actual number of casualties among migrant workers across the province are far more serious than this.
Relevant persons pointed out that the root cause of this phenomenon lies in the lack of awareness of safety responsibility, related systems and regulatory measures of some employers, and the "heaven" of migrant workers has artificially created many "holes".
One of the “vulnerabilities”: arbitrarily depriving or reducing the right of migrant workers to receive safety education and training, and conducting the necessary safety education and training before taking up the post, is an indispensable first step for any enterprise to prevent or reduce accidents. However, according to the survey, some of the labor enterprises in Sichuan are currently maximizing the profits of chasing distortions, and arbitrarily depriving or reducing the right of migrant workers to receive safety education and training, which eventually leads to accidents and tragedies. On January 17, 2003, an accident occurred in a gas explosion in Dingjiaping Coal Mine, Shuanghe Town, Huaying City, Sichuan Province, causing an economic loss of 1.5 million yuan. One of the important reasons was that the operators did not understand the basic knowledge of labor protection. Of the 13 migrant workers and 2 injured people who died, 8 were on the job without training. Of the 355 questionnaires recently issued in Sichuan Province, only 150 were employed in occupational safety and health training before taking office, accounting for only 42.25%.
The second "vulnerabilities": lack of labor protection supplies. Labor protection products are the last line of defense for workers to protect their safety and health. However, the relevant personnel found in the investigation that many employers did not provide necessary labor protection articles for migrant workers, and some of them distributed labor protection articles from formal workers and migrant workers, and some even required labor protection articles and production. Small tools are provided by migrant workers. According to the survey statistics, in this year's Sichuan construction accidents, the high-altitude fall and collapse accidents due to inadequate protection were up to 82% of the total!
The third of the "vulnerabilities": overtime is serious. Many employers have forced migrant workers to work overtime to not only exceed the requirements of the regulations, but some even exceed the physiological limits of human beings. For example, a female car worker in a certain enterprise in Deyang had a long time of overtime work, and the operation was fainted on the flying lathe causing tragedy. A company in Santai County has nearly 500 employees, 90% of whom are migrant workers, and workers work more than 10 hours a day. A shoe-making enterprise in Suining City has a daily working hours of 12 hours, and only one day off per week.
The fourth "vulnerabilities": production conditions and facilities are very simple. For example, a luggage workshop in Wuhou District of Chengdu and a shoemaking workshop in Wenjiang District are “three-in-one” small workshops that are prohibited by the relevant national regulations. The production conditions on these workshops are extremely simple, and the operators do not have any protective measures. Chemical adhesives for benzene, toluene and xylene, some migrant workers suffer from occupational diseases and the ability to lose their labor. A villager in Peima Township, Gaoping District, Nanchong City, engaged in marble mining work in Yunnan. Due to the harsh local production environment, it eventually suffered from pneumoconiosis. The aftermath of the accident is difficult to extend the labor time freely, without the labor safety and health education and training, the lack of labor protection supplies, and the poor working conditions, resulting in frequent accidents involving migrant workers, but the problem of migrant workers’ work injuries cannot occur after the accident It has been well solved and dealt with, which has become a hot spot for migrant workers today, a difficult point for enterprises to implement treatment and a focus of social attention.
First of all, it is difficult for migrant workers to participate in work-related injury insurance. In the investigation, the relevant personnel of the Sichuan Provincial Federation of Trade Unions found that some enterprises are reluctant to participate in work-related injury insurance. Some high-risk enterprises are simply and free to purchase some commercial accident personal injury insurance, so it is difficult for migrant workers to enter work-related injuries after work-related injuries. Social insurance program. In Sichuan Province's total questionnaire survey of 355 provinces, only 46 people participated in work-related injury insurance, accounting for only 13%, and most of them did not participate in work-related injury insurance.
There are even individual owners in the "rules and regulations" of enterprises and the "labor contract" signed by migrant workers, which stipulates that the accidents of accidents are borne by the person responsible for the accident, and many ignorant migrant workers only recognize themselves after the injury. Enzyme. Of the 355 questionnaires collected by the Sichuan Provincial Federation of Trade Unions, 32 of them were responsible for their own injuries and accounted for more than one-third of them.
It is also very difficult for occupational patients to enjoy work-related injuries. Occupational diseases are work-related injuries. This is an indisputable fact. However, occupational disease patients in migrant workers must encounter many thresholds in order to enjoy corresponding treatment. One is to conclude a labor contract, and the other is to identify occupational medical history before employment. However, some employers and migrant workers have signed labor contracts, which have become the luxury of migrant workers, not to mention the identification of occupational medical history. According to statistics from Nanchong City, the labor contract signing rate for non-public enterprises concentrated in migrant workers is only 28%, most of which are management personnel of the enterprise, relatives and friends of the boss. Many enterprises sign two kinds of contracts, especially the migrant workers who worked in the original state-owned enterprises. Some even signed the contract, which is not exactly the same as the contract of the formal employees of the original unit. For example, in a certain company in Chengdu, the formal contract is signed by the labor security administrative department, and the migrant worker signing is the contract for the enterprise to file the record.
It is even rarer to establish health surveillance files for migrant workers. For example, no city in a certain city in Sichuan has established health surveillance files for migrant workers, and the construction of “two files” including the safety and health files of enterprises is in a blank. Zhang Min, a migrant girl from Zizhong County, worked in a baggage workshop in Wuhou District, Chengdu. She was suffering from aplastic anemia due to contact with toxic glue at work. Since the company did not sign a labor contract with the company before, it did not work before the work. Occupational medical examination, so the hospital can not be diagnosed as an occupational disease.
Due to the lack of the above guarantees, the work-related injuries of migrant workers have increasingly become the prominent themes of legal services and legal aid. At present, many cities, counties, counties and districts in Sichuan have been overwhelmed by providing legal services and legal aid for the death of migrant workers and industrial injuries. For example, in the 96 work-related injury cases handled by the Santai County, only 3 pieces of legal aid were provided free of charge.
Recalling the hand of "Heaven" from the height of "human life", we must first safeguard the rights of migrant workers to work safely and healthily. This requires first strengthening the supervision and management and urging the employers to return the right to safety education and training. For migrant workers, because the right to safety education and training is the most basic right of any worker, it is also the obligation and responsibility of enterprises in the relevant laws and regulations on labor protection such as the "Safe Production Law".
Migrant workers are now a frequent group of casualties. The reasons are many, but a little analysis shows that migrant workers are mostly engaged in dirty, tired and dangerous work. These jobs are usually described as 3D factories abroad. Relevant persons pointed out that the most important thing to do to fill the above-mentioned "vulnerabilities" in the safety and health of migrant workers is to strengthen the awareness of safety responsibility of enterprises and to establish and improve relevant systems and strengthen supervision. Chengdu No. 4 Construction Company insisted that 2% of the management fee be included as the labor protection product fee and included in the employment contract signed with the labor export company. Chengdu Enwei Group Co., Ltd. is the largest private pharmaceutical company in Sichuan that has evolved from a township enterprise. It invests more than 900,000 yuan each year to provide protective equipment for employees, and insists on conducting physical examinations for toxic and harmful workers every year, especially in female employees. The fourth phase of protection has completely changed the practice of irresponsible returning home in the past, and strictly strengthened the special protection of female employees in accordance with the provisions of relevant laws and regulations.
The current social security system was mainly designed for urban workers at the time, but in the face of the increasing number of migrant workers, the old social security system should be reformed. In March 2003, Chengdu unified the implementation of the “Chengdu Comprehensive Insurance System” for migrant workers, including work injury insurance, which increased the enthusiasm of both migrant workers and migrant workers, and the insurance coverage was larger than before. The increase in the scope has been implemented in the past year. More than 110,000 people and more than 5,000 households have participated in comprehensive insurance. Among them, 314 people received work-related injuries, and finally found 171 workers injured and paid compensation of 2.26 million yuan. For example, Chengdu Ito Department Store handles social insurance for urban hukou and comprehensive social security for non-urban hukou.
In fact, the investment in safety education and training for the majority of migrant workers is actually a human capital investment that has long-term benefits for enterprises and society. For example, Sichuan Huaxi Group Co., Ltd., which employs nearly 40,000 migrant workers, has launched a distinctive “Migrant Worker Night School” in recent years to conduct “three-level” safety education for migrant workers and organize learning of labor protection knowledge; at the same time, establish The migrant workers’ safety education card keeps abreast of the situation of training and education, finds problems and promptly fills in the leaks. Sichuan Changhong Group Co., Ltd. is also a relatively concentrated enterprise using migrant workers. The number of migrant workers has been maintained for more than 20,000 for many years, and reached 30,000 at the peak. They insisted on skills training and labor protection knowledge training before entering the factory. Changhong Group The company's training center enjoys the reputation of “training base for migrant workers”.
"It is better to hear more buzzing, and it is better not to hear crying," said a principal person in charge of Sichuan's production safety management department. Therefore, all enterprises and departments must be "people-oriented" to effectively correct the misunderstanding of one-sided investment environment and establish a scientific development concept. After all, it is not advisable to simply sacrifice life and health in exchange for short-term benefits or local economic growth, and it will never last long.