If you don't sign a contract, you can sue migrant workers without a labor contract and win more than 90% of the case.
Beijing Zhicheng Peasant Workers legal Aid and Research Center today released a report on the effectiveness of the implementation of the Labor contract Law and Labor dispute Mediation and Arbitration Law. The report collected 865 migrant workers' cases settled and accepted by 16 special agencies of legal aid for migrant workers in 15 provinces (autonomous regions and municipalities directly under the Central Government) from January 1, 2008 to June 30, 2009, with a total of 1276 judicial documents. 2592 migrant workers are involved. Among the cases investigated, there were 94 cases in which workers demanded to pay double wages because the unit did not sign a labor contract, involving 271 people, with a success rate of more than 90%.
The report points out that the implementation of the two laws has had a positive impact on the protection of the rights of migrant workers, such as the increase in the signing rate of labor contracts, the diversification of the types of cases, the protection of more workers' rights, and the improvement of workers' awareness of the labor contract law.
Data show that the recovery of unpaid wages and work-related injuries in the construction sector still have the highest proportion of assistance cases. However, the proportion of these two types of cases has begun to decline and no longer account for the absolute majority of aid cases. The labor dispute cases of migrant workers are extended to more types, such as overtime pay disputes, termination of labor relations disputes, social insurance disputes and so on. No matter in terms of the number of cases or the number of people, the proportion of these types of cases is not low. In addition, there are three new types of cases that appear after the implementation of the labor contract law: requiring units to pay double wages for unsigned labor contracts; labourers unilaterally terminate labor contracts and demand economic compensation; economic compensation is required after the expiration of the labor contract. In addition to the diversification of the types of cases, in many cases, workers claim more than just a certain right. Of the 865 cases of assistance counted, 322 involved multiple requests, accounting for 37.2% of the total. All these show that workers can claim more rights, which is inseparable from the implementation of labourers' rights by the two laws.
Migrant workers' awareness of the labor contract law has also improved. Of the 581 people surveyed, only 10.3 per cent said they had not been aware of the law, and most migrant workers knew about it and believed that its implementation would be more conducive to protecting their rights. From the attitude of the interviewees, most migrant workers hold a positive attitude towards the labor contract law.
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