"Odd Jobs" Do Not Know Who They Work For.

After the new year, businesses started to start production, and a large number of migrant workers came to work in Ningbo, many of whom were new recruits. In recent years, with the constant popularization of labor laws, workers' consciousness of safeguarding labor rights and interests is becoming stronger and stronger. Some people are willing to resolve contradictions between employers and employers through judicial procedures. In many Labor dispute In the case, how to understand the relevant laws has become the focus of controversy between the two sides. Because the current law attaches great importance to the protection of workers' rights and interests, it also causes a few migrant workers to have a one-sided understanding of the relevant laws, resulting in certain blindness in the process of safeguarding rights.

In October last year, a court in our city accepted a labor dispute case. The amount of the case was not large enough, but it was enough to become a warning for the "odd workers". This case, Zhang's native place in Jiangxi, is 46 years old. He came to Ningbo with his fellow townsman more than a year ago. Because of family and personality reasons, Zhang has been doing odd jobs on construction sites. In the early summer of last year, he was introduced to a construction site in the original Jiangdong District as a mixing worker by a fellow townsman.

But fifth days after work, there was an accident. During his work, Zhang was fractured because of improper operation. After the accident, the contractor paid 500 yuan for his medical expenses. He also made it clear that the money was not compensation but was temporarily charged to him as medical expenses. After treatment, some functions of Zhang's middle finger were lost.

The controversy arises: Zhang believes he has a labor relationship with a construction company and therefore claims compensation of 20 thousand yuan, but the other party strongly denies any legal relationship between the two sides and refuses to accept it for this reason. After that, Zhang found the legal aid center and asked for legal help.

Originally, according to the relevant laws, even if no formal labor contract has been signed, the relevant rights and interests of the workers can be protected as long as there is a real labor relationship between the parties and the employing units. But Zhang lawyer at the Legal Aid Center found Zhang Zhang could not even prove the actual labor relationship when he received Zhang. Zhang worked in the construction site, in addition to introducing him to the site of the work of the townsman, do not know other people, even do not know the name of the construction company, can not say clearly when he went to the site to work, what procedures have been fulfilled. At the time of the accident, he was not at the scene of the subcontractor's mixture and could not provide convincing evidence. The construction company does not admit that it is a full-time worker, and the site manager also denied that Zhang belonged to his management.

Obviously, the existing evidence can not be identified between Zhang and enterprises. Labor relations But Zhang's injury is an objective fact after all. And as a migrant worker, the injury will affect his basic life. For this reason, the legal aid center has mediating the case. Finally, from the humanitarian point of view, the construction company provided Zhang Yuan with an economic compensation of 2000 yuan, and the case was officially closed.

Nowadays, such "odd jobs" are not uncommon. They are often introduced by acquaintances to provide services for a certain job. Most of the work is temporary and short-term. They do not sign a labor contract directly with the employer, and their remuneration is paid by the referee or the contractor of a job. But some people lack basic skills. legal consciousness Even those who are working for themselves do not know. When these "odd jobs" are faced with labor disputes, they will cause difficulties in safeguarding their rights because of insufficient evidence.

To this end, Zhang put forward the following suggestions to the "odd workers": first, before you do odd jobs, you must know what you are going to do and what you can do, and most importantly, figure out who the employer is. Second, even temporary helpers are short, at least one person who can give evidence for himself. Third, it is necessary to learn the first time to fix the evidence, for example, if an accident occurs, it is possible to ask for help to 110 or 120, and their written records can be used as effective evidence to resolve the dispute. Zhang stressed that even if odd jobs were done, it would be better to find jobs through reliable channels such as employment information released by relevant government departments.

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