Why Do Workers Lose Their Rights When They Defend Their Rights?

Reporters learned from the Xining intermediate people's court that in the first quarter of 2014 and the first quarter of 2015, a total of 3162 cases involving workers' rights and interests were handled by two municipal courts, and 2791 cases were concluded.

According to reports, 696 cases of labour dispute cases were accounted for in Xining, accounting for 22.01%; 2256 cases of labor contract cases, accounting for 71.35%; 134 cases of labor employment contracts, accounting for 4.24%; and confirmed 21 cases of labor relations, accounting for 0.66%. In addition, it also involves unemployment insurance benefits disputes, medical insurance treatment disputes, industrial injury insurance benefits disputes and so on.

Through sorting out these cases, the judges found that the failure of workers to protect their rights was mainly due to the fact that some workers had low ability to offer evidence; some workers had misread the labor laws and regulations; the rights protection procedures were mistaken, without preprocessing procedures; some cases did not belong to the scope of acceptance by the people's courts; the employer made a defense on the limitation of arbitration.

How can workers better pass? Litigation mode The judges of the intermediate people's Court of Xining also put forward their own proposals.

　　 Labor contract It is an important proof of the existence of labor relations between the two parties. It is an important carrier of the main rights and obligations of the two parties, such as salary, place of work, work place, contract period and so on. It is not allowed to change at will. Laborers should not only require the employer to sign a written labor contract, but also carefully study and confirm the labor contract when signing the contract. concrete content To ensure that the labor contract is in conformity with the true meaning of the two parties.

The rules and regulations for the employing units to formulate and publicized or inform workers in accordance with the law in accordance with the law shall be binding on all employees. Workers should actively participate in the formulation process of rules and regulations, put forward opinions and suggestions, and understand and abide by the established rules and regulations.

In cases involving workers' rights and interests, the burden of proof should be borne by the employer in the case of evidence collected by the employer, but the worker still has the burden of proof for some facts, such as the existence of overtime facts, the existence of labor relations, the period of suspension of pay and so on. Laborers, especially those in non-standard labor management, should pay attention to preserving written evidence that reflects their own work conditions, such as duty records, entry certificates, payroll tables, dispatch sheets, etc.

Labor laws and regulations have further confirmed the status and role of trade unions on the basis of the trade union law. Trade unions should be the main force in negotiations between employers and employees. They are important support for workers' rights protection. They are the key subjects for workers to develop from individual rights to collective bargaining. Collective bargaining system is not only a system of safeguarding rights but also a coordination mechanism.