(1) The employer deducts wages or defaults on wages without reason.
(2) Being forced to work overtime, but failing to pay the salary for extended working hours.
(3) The employer fails to provide necessary labor protection articles and labor protection facilities for migrant workers.
(4) Female workers and underage workers can not get special labor protection.
Migrant workers call, boss, we also want to eat.
(5) After migrant workers suffer from occupational diseases, work-related injuries, disability or even death, employers evade their responsibilities.
(6) The internal rules and regulations of the employer conflict with national laws and regulations.
(7) The employer collects the mortgage and detains the valid certificates of migrant workers.
(8) Dismissal or dismissal of migrant workers at will.
Second, how do migrant workers know their rights?
Migrant workers, like urban workers, are equal workers in legal status. Their legitimate rights and interests are protected by national laws and regulations.
Citizen workers should enjoy the basic rights and interests such as personal freedom, personal safety and personal dignity stipulated by law. So how do migrant workers know their rights and how to safeguard their rights?
(1), migrant workers have equal right to choose jobs. Migrant workers have the right to choose suitable posts according to their own abilities and sign labor contracts on the basis of equality and voluntariness. No one may illegally force migrant workers to work.
(2) Migrant workers have the right to receive labor remuneration according to law. As long as migrant workers provide normal labor, they have the right to receive labor remuneration. The employing unit shall pay the wages in full and on time according to the local minimum wage standard or the agreed wage standard, and shall not deduct them.
It is difficult for migrant workers to ask for wages. Aren't you sad about this scene?
(3) Migrant workers have the right to labor safety and health protection. Migrant workers have the right to require employers to provide labor safety and health conditions and necessary safety protection articles. Migrant workers engaged in occupational hazards have the right to enjoy regular inspections to prevent the occurrence of occupational diseases. Have the right to report and accuse those who force migrant workers to engage in dangerous operations.
(4) Migrant workers have the right to participate in social insurance. Migrant workers have the right to enjoy the relevant welfare benefits provided by employers, and have the right to participate in statutory pension, medical care, work injury, unemployment and maternity insurance.
(5) Migrant workers have the right to rest and vacation. Not only enjoy the right to rest on statutory holidays stipulated by the state, but also enjoy the right of paid sick leave and maternity leave for female employees according to law.
(6) If the employer infringes on the rights and interests of migrant workers, migrant workers have the right to apply for legal aid and labor arbitration, or complain to the relevant government departments or bring a lawsuit to the court.
Third, how do migrant workers protect their rights:
(1), before providing labor services, sign a labor contract with the employer to clarify the rights and obligations of both parties. This contract is made in triplicate, signed by both parties and stamped with the official seal of a qualified construction enterprise or labor service enterprise, and each party holds one copy. If the employer is unwilling to sign a contract, it shall refuse to take up the post and report to the labor security supervision department.
(2) In the process of signing the contract, the laborer should indicate the basic information such as the name of the employer, the name of the project and the qualification of the unit. In order to avoid defending rights in the future, even the name of the employer is unknown, which leads to failure.
(3) In the process of construction, if there is any work content inconsistent with the employment contract, it shall be required to sign a supplementary contract with the employing unit in time. During the construction, the workload shall be settled with the owner in time, and confirmed by the owner's official seal. And ask for their own labor remuneration in time according to the contract.
(4) If the employer violates the contract, the employee shall promptly report to the relevant administrative department of the employer. If the employer is unwilling to correct the mistake in time, it shall stop work in time and complain to the labor security supervision department.
(5) When the contract expires or the project is completed, if the employer violates the contract, deducts or defaults on the wages of the workers, it shall promptly complain to the labor security supervision department with the contract, workload settlement basis or default credentials. In case of dispute, you can apply for labor arbitration in time. Anyone who refuses to accept the arbitration shall bring a lawsuit to the people's court within the prescribed time.
Fourthly, the China government protects the rights and interests of migrant workers in ten aspects, including having jobs in cities and having channels to protect their rights.
Yang Zhiming, vice minister of Ministry of Human Resources and Social Security and representative of the 18th National Congress of the Communist Party of China, said that to protect the rights and interests of migrant workers is mainly to strive to achieve "ten haves":
One is to have a job in the city;
Second, labor has a contract;
Third, there is on-the-job training;
Fourth, work is paid;
Fifth, there are ways to participate in insurance;
Sixth, the accommodation conditions have improved;
Seventh, there are channels for safeguarding rights;
Eighth, life has culture;
Ninth, children have education;
Tenth, development has goals.
It is emphasized that through promotion, innovation and development, most migrant workers will be transformed from ordinary workers to skilled workers, and eligible migrant workers will settle in cities and some will become new citizens. The State Council has made arrangements for this, and will actively and steadily promote migrant workers to settle in cities. "For example, migrant workers can apply for settlement if they have stable employment in the county for more than half a year; Stable employment in small and medium-sized cities for more than three years, meet other conditions, can also apply for settlement; To settle in a big city, you must meet certain conditions. "