Why is their safeguarding the rights so difficult

Why is their safeguarding the rights so difficult
Staff reporter Meng celebrate general Haos Even if disadvantaged groups of peasant's cost body, enterprises leave alone after being ill, there is no money to cure oneself, a lot of people are at a young age can only stay at home and wait for death. In recent years, such report meet all newspapers constantly. What guarantee are rural worker's occupational disease patient's rights and interests? The rural worker patient has three difficult president of the Guangxi Zhuang Autonomous Region occupational disease precaution clinic Ge XianMin who says to safeguard the rights, it is difficult for the rural worker to safeguard the rights behind being ill, shown as the investigation that local protectionism causes is difficult at first. Because occupational disease has incubation period of several years, the rural worker often just has illness coming on after returning to the township. If it is here inside the province to happen, coordinate by provincial government department, the professional organization goes to the locality to investigate though the difficulty is very great, but can solve reluctantly with effort; If has gone out of the province, it is so very difficult to investigate as to go on. "Not outwardly cooperating, it is actually local protectionism. " Secondly it is difficult to appeal. Apply, work, arbitrate, go to court, or let enterprises solve, need to cost money and time, and the rural worker is often hard up, in poor health behind being ill, it is very difficult to safeguard one's own rights and interests. It is difficult to collect evidence again. Because the large flowability that peasants go out to work, making the building site is clicked and does not fix, it proves, not there is not the health certificate that there is not the labour contract, work, it have even have any as enterprise last the evidences of relation,it flow out and labor service to flow into ground department is getting more unwilling to interfere, it is very difficult to confirm the job history contacts the history with the job. Because is unable to establish the relation of working, determine and compensates and bring very great difficulty for occupational disease. In occupational disease is diagnosed and appraised, the greatest difficult problem is to need I or unit to offer the job to endanger and contact the history etc. to prove. In order to solve this difficult problem, Ministry of Public Health has issued regulations of document: "The unit did not offer the identification, can assert according to the narrating of the party. " But this department stipulates because legal level is low, or the occupational disease appraisal organization is afraid of attracting reasons such as the trouble,etc., it is very difficult to carry out in practice. It is that researcher of research institute, doctoral supervisor Liu TieMin of the safety in production of untrustworthy China thinks that the boss is conscientious, the difficult basic reason that the occupational disease patient safeguards the rights to cause the rural worker, lie in the disappearance of government's responsibility. Enterprises are the first person liable who prevents and cures occupational disease, most countries follow this principle in the world. However, review the countries all over the world, at the time of the occupational disease problem which none of countries meet in the course of solving economic development, finish by the conscious action of enterprise's boss. "Unfortunately, we are walking such distance. " The intersection of iron and the people Liu engaged in scientific research and management of the employment security for over 40 years, has studied abroad in a plurality of countries. He says, in the sixties of last century, the boss of Japan who had a ceramics factory did not provide the essential labour protection for worker for example, cause many workers to suffer from silicon pulmonary tuberculosis. Later, the government sued he, the boss, the imprisonment for life of judging finally with the offense of murder. This boss has not allowed his family to near the contaminated area of the factory, if must go, must wear the gauze mask, but he does not have such a requirement for workers, belong to it intentionally. This case has already become the example of the international employment security hygiene educational circles as the literature. Liu TieMin says, the appeal which the rural worker meets after being ill, collecting evidence and diagnosing, appraising the difficult problem, belong to technical detail, form of expression, " in which buttocks of the government hold after all, the question of serving someone " . He says for example, in 60~70 times of last century, because economy is developed fast, a lot of countries run into workers and suffer from occupational disease and can not find the question that a boss takes charge of or creates all sorts of obstacles in enterprises, cause workers not to get and treat in time and compensate. What about the government? Or prosecute, sue enterprises and break the law, or special department and personnel help workers to collect the evidence, help them to go to court with the boss, ask for justice. The strict government official asks it is originally already unfortunate to makes and suffers from occupational disease the responsibility, and then meet enterprises and close down, suspend operations, or can not find a boss, who comes to safeguard the rural worker's rights and interests? Liu TieMin tells reporters, see some reports and photos of the media, often sigh with deep feeling and cry by oneself. "Rural worker's occupational disease patient has no door to seek help, should not appear in the human-oriented society. What this kind of phenomenon influenced is not only a rural worker individual, influence people's confidence just to the society more directly, influence the relation between labourer's stratum and the society and government. " Seem in the intersection of iron and the people Liu, the intersection of occupational disease and incident take place frequently in some area, it analogous to intensities to be government department and dereliction of duty of officer, relate to the fact that the government is negligent of supervising simply directly pursuing GDP and. So, it must start with the idea of development of changing the government at first to solve occupational disease patients' safeguarding the rights problem of the rural worker, strengthen government's responsibility, set up to government official and ask the responsibility system. If the idea of development is not changed, as rural worker's health rights and interests are injured for hour, what the government thought of at first is GDP, but not the labourer's health, the legal provision is stricter, carrying out will become a mere formality too. And is driven by interests and taken shape and acted in collusion with business people, the consequence will be more serious. "So, in the treatment of patient's problem of rural worker's occupational disease, the government must realize, oneself is not merely persons who are supervised definitely, but direct responsible person, the government has responsibility, is obligated to treat and cure them. Should establish the special organization, is dealt with by the special person. " From determining to compensate, often takes some time. And the patient's condition may be aggravated at any time. In this course, how to relieve? Liu TieMin says, the insurance of first-selected industrial injury. Without the insurance of industrial injury, the government should pay for some fund first and cure the disease for the rural worker in advance. This part of fund should be undertaken by enterprises, but when confirming yet in enterprises, the government has duties that pays first first, will recover the losses from enterprise again in the future. Even can't found enterprises finally, the government has responsibility that is paid. Because these rural workers have paid the sweat on the brow for economic development, has made contributions. This is responsibility of morality and justice, it is the legal liability even more. In other words, if large quantities of rural workers do not have labour contract, or not participated in the insurance of industrial injury in enterprises, proving the supervision before the relevant department of the government is uncomplete, the government had the responsibility to can't be evaded even more. TieMin Liu emphasize the intersection of employment security and the intersection of hygiene and issue in rural worker, governments at all levels someone must responsible for, going wrong must be born responsibility by someone too. The related departments should make out the detailed, concrete department rule, determine every responsibility and authority, restrain enterprise and one's own behavior with the rigidity of the system, ensure the labourer's health.

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