Migrant worker Wang Minghai never thought 30 years working, 62, became hard to turn his life to live through.
On October 13, 2015, Wang Minghai liucuilan, the wife of 61 years old from a building site more than 2 meters tall building of Jinan iron frame fell chest fractures and lung damage. Treat your wife to get back some justice, Wang Minghai started in Jinan City, Shandong province, "like flies flying all over."
Different from other migrant workers ' pay, travel to this activist suffered a double reality and legal barriers. On one hand, only Wang Minghai in primary culture lacks the necessary legal and medical knowledge, it makes him in coordination with the construction side of the vulnerable on the other, when he expended to collect together evidence, found the Labor Department when applying for arbitration, but was told that his wife has been in excess of the statutory retirement age, application as inadmissible.
Surging News (www.thepaper.CN) 2015 China old age first reported of migrant workers (over the age of 50, commonly known as "family for Joe") the living situation, groups of 46.85 million people pushed into the spotlight.
Demographers surging Mr he has told the press, starting from 2012, 16-60 workforce each year millions of, also in 2014 compared with 4.87 million last year, but 50 per cent of the population did not decrease, elderly migrant workers will remain in the future a certain proportion of the total migrant labour groups, senior citizens will continue to increase in the number of migrant workers.
Mr he said, when old age after the overall increase in the number of migrant workers, future cases of accidents in the work of this group will also increase. Population scholar Huang wenzhen also believed that elderly migrant workers will enter a peak period for work injuries.
However, the legal protection does not follow up. Old peasant workers and the employer the existence of labor relations, the conditions have found that work-related injuries, in judicial practice, there is no consensus. They cannot generally be filed labor complaints, arbitration was inadmissible, many disputes can be solved through the Labor Department, had to go into court litigation program.
For many, like Wang Minghai, for elderly migrant workers wishing to get home as soon as possible, for thousands of Yuan of wages or compensation for tens of thousands of Yuan into lengthy judicial proceedings, is difficult for them to bear the weight of life.
Senior citizens or migrant workers entered a period of high incidence of accidents
Wang Minghai and his wife in the shed, activist failed four months let them bewildered. Surging journalist Zhao Mengtu
Cold wave swept in Jinan, the temperature dropped to below zero.
End of January 2016, the constant name Jinan licheng district construction workers were returning home, Wang Minghai liucuilan and his wife huddled in makeshift houses on site, nothing. "Dragged on for almost four months, may drag the yellow. "Wang Minghai sighed.
Four months ago, he followed the workers come to constant name from another site in Jinan, live for more than 20 days there have been accidents.
It was October 13, 2015, at 9 o'clock that night, he and his wife had been lying down and supervisors, Mr Woo has proved to wake them up, they went to the formwork on the site during the day to work overtime.
Wang Minghai Sichuan Guangyuan cangxi County from a closed village, home to only 8 points, where the climate wet, barren, "crop confiscation." The early 80, Wang Minghai will follow fellow working around.
Work over the years, Wang Minghai to Beijing, Shanghai, Hunan, "more than half of China", digging coal, did carpentry, construction. Said Wang Minghai, previously worked for sons, two sons is married now, boss working in Shanghai, second in the army, "they pay is not high, don't want to give them increased burden".
Five or six years ago, two sons began after independence, the liucuilan left his wife home, Wang Minghai worked around. Wang Minghai was a solid, flexible mind, the couple do template work at the construction site. This is the highest and most bitter of construction work, General 240-260 Yuan per formwork workers a day's pay, workers to earn more money, usually choose to contract, to calculating pay. Wang Minghai couples choice is contracting.
That night, when Wu Guangju pass Wang Minghai, borrow a flashlight. Couple climb over two meters high on a shelf fixed templates, flashlights can only be set up on the Earth. Finished work early this morning, when she is getting ready to call it a, liucuilan a feet trample empty, fell off a shelf onto the floor.
"At that time, spaced out, but feel my chest hurts a bit. "Liucuilan said, she sat on the ground for more than 10 minutes, mix back to the shed resting by her husband. On the way, she felt the pain intensified, "but I can live with, there would be no more".
Wang Minghai gave her some safflower oil, eat some "Painkiller", let it bed. "We hurt too normal, generally do not go to the hospital, under the handle would be nice. "
Pain worse the next day, liucuilan is ignored, and they think the rest will have a better day. But the pain is not due to the time, and on October 15, liucuilan "can't stand". She found the chest swells, can already see significant deformation, co-workers urged her to get to the hospital.
Check report shows liucuilan fracture of the sternum. Surging journalist Zhao Mengtu
Wang Minghai called Wu Guangju, told his wife's injury needs to go to hospital, Wu first went to the hospital and then sent 500 Yuan and left. That afternoon, liucuilan was sent to the third people's Hospital of Jinan City. A hospital's Imaging Center inspection reports show, liucuilan "the sternum bone is not continuous, pleural cavity gas can be seen in shadow on the left side and a small amount of liquid......"
Dongguan after a physician examination report surging told press, "sternal bone discontinuous" sternal fracture, and has affected the lungs.
Elderly migrant workers like liucuilan injured in population scholar Huang wenzhen and it seems to he yafu, of accidents in the work of the group in the future will increase, most likely entered a period of high incidence.
Surging Huang wenzhen told news, data shows, beginning in 1963, population increase, this group constitutes a main force of China's migrant workers, 1980 birth after contracting sharply, leading to migrant workers in the future, old age will continue to increase in the number of migrant workers; their overdrafts in the body and energy in the years of labor, probably entered a period of high incidence of accidents in the future.
Mr he said that starting in 2012, 16-60 workforce each year millions of, also in 2014 compared with 4.87 million last year. Reduce the population, again after the birth in 1980 of mainly young people, 50 per cent of the population has not declined, in sectors such as coal mining, construction workers demand remained robust, spurred by elderly migrant workers will remain in the future a certain proportion of the total migrant labour groups, senior citizens will continue to increase in the number of migrant workers.
In his view, when old age after the overall increase in the number of migrant workers, future cases of accidents in the work of this group will also increase.
Liu Hulan encourages wife "pain"
About the contractor prove that liucuilan was injured. Surging journalist Zhao Mengtu
Said Wang Minghai, doctor liucuilan hospital for treatment. He called Wu Guangju, Wu said, but didn't have the money, let them go back to the site. In desperation, Wang Minghai dragged his sick wife back to barracks.
October 16, liucuilan "the words came out with pain", Wu Guangju infusion took her to a clinic, but to no avail.
The next day, Wu Guangju took liucuilan to the Shandong provincial hospital, and in the afternoon of the same day was "blood on the left chest drainage." On October 21, the doctor informed them to the hospital. After the surgery, liucuilan feel pain has not diminished.
After returning to the barracks, liucuilan can only rely on pain drugs. When doctors gave her painkillers, when I told her to eat one. But every time she eats two still no effect, then throw the medicine.
Wang Minghai said, when the Spring Festival in more than two months away, he hopes to cure wife's illness as soon as possible to earn some money, his wife did not immediately after surgery, postoperative pain has not subsided, he is thought to be due to contractor delays.
Wu Guangju does not recognize delay treatment said. He told the word news, liucuilan did not tell him when the accident occurred, and two days later he learned it, and therefore considers that the injury "should not be too serious." After learning of the injury was aggravated, he took liucuilan to treatment, "medical bills were paid by me".
Wang Minghai said that during that period, Liu Cuilan awake all night with pain, medicine is no use, went to the hospital and have no money, he used examples of Liu Hulan and Dong cunrui encourages wife. "Liu Hulan are not afraid of facing the guillotine, what is this pain? "He said to his wife.
But liucuilan will curl up in bed moaning, "I'm not Liu Hulan, pain can't stand." At this point, Wang Minghai claimed he wanted to go to contractors, but he did not even have a contract in hand, he doesn't know who they work for.
On November 4, 2015, at the request of Wang Minghai, the project manager Zhang Haifeng came forward, arrange for liucuilan to third people's Hospital of Jinan City. Wang Minghai says doctor told him to hospital at once, Zhang Haifeng agreed was hospitalized until discharged on November 16.
Liucuilan said that the hospital nurses often to remind us that quickly ran out of money, they call Zhang Haifeng, but Zhang Haifeng is not connected, fellow past, lent her mobile phone to call the past, connected.
This liucuilan chest pain finally began to ease after hospitalization. After leaving hospital, she was still panting, walking is not too fast, shit is not too hard, from the lung into the chest of a small amount of gas is still stuck in his chest, drastic action will tingle slightly.
Overage labor arbitration will not be accepted based on
Wang Minghai and his wife in the shed and bewildered. Surging journalist Zhao Mengtu
Waiting for his wife in rehabilitation, Wang Minghai unable to work, while he was taking care of his wife and look for negotiation of construction claims for work injury compensation and his wife lost. But Wu Guangju and Zhang Haifeng, who he did not know.
According to related regulations, applications for compensation need to go to the Ministry of labour found the gate to the work-related injury, then work competency expertise.
Wang Minghai read primary school, can know some words, his wife was illiterate, and they don't know finds injuries need to contact units and programs.
When the Jinan, Wang Minghai near the train station to see a "legal aid centre" sign, so he found here. His staff said, to pay 1550 "service fees" to help with. After Wang Minghai, who would let him go back to the message.
After more than 10 days, this "legal aid centre" schedule a claims to be "journalists" of people carrying cameras to the site, but haven't entered was stopped by the security guard. Arguments on both sides for a while, the "journalist" drive back, again no information available.
Surging news told him that if lawyers do not carry cameras, if reporters do not need "service charge", Wang Minghai feel "cheated." He stamped, to find this "legal aid centre" to back losses, liucuilan took him and said, "well, we can't afford it".
Because you do not know which Department to deal with injury, did not find the right direction Wang Minghai in Jinan "fly like flies", he had been to Jinan City Construction Committee, and safety supervision Bureau. Finally, he was introduced to find lixia district labour offices, staff members told him that according to the principle of territorial management, Wang Minghai site dispute should be managed by the district Labor Bureau.
Licheng district labour offices staff listening to his statement after the incident, asked him not to sign the contract, Wang Minghai surprised, "what contract? We are building but never signed a contract. "
Person asked him if he had no other evidence of contractual relationships, such as pay stubs or something. Wang Minghai found that this is a difficult question, "we made a point of living every month, wages are late, sent the cost of living and no evidence".
Labor Department clerk told Wang Minghai, he must first apply for a labor arbitration, prove that there is labor relations, Labor departments to handle the work injury compensation.
Labor dispute Arbitration Commission later found Wang Minghai licheng district, labor relations staff told him to apply for the confirmation of the need to provide materials, including their identities, the company's registration information, other labor relations materials.
When Wang Minghai labor relations finds evidence of the application made to the district when the labor dispute Arbitration Commission, another fatal problem standing in front of him: liucuilan born in 1955, is 60 years of age, more than labor arbitration application period.
For more than 60 years, labor arbitration was inadmissible. Surging journalist Zhao Mengtu
On November 25, 2015, the labor dispute arbitration committee ruling, licheng district: the applicant has exceeded the statutory retirement age, not part of the scope of labour disputes ... ... On the applicant's application for arbitration, the Committee inadmissible.
It makes Wang Minghai wonder: "over 60 years of age working or am I doing wrong? "
Overage of inconsistency around work injury certification
On January 29, 2016, licheng District News and Wang Minghai couples came to the surging labor dispute arbitration commissions. Wang Minghai application for arbitration of Wang Aifei made it clear that, in accordance with the provisions of men 60 years and women to retire at 55, the age of the applicant labor arbitration time limit has been exceeded, the Arbitration Committee cannot be accepted.
Wang Aifei says, if it refuses to accept the arbitration proceedings with a court decision within 15 working days, if we can win, you can go to the next compensation step. But the prosecution time limits have elapsed, it can only be through a civil lawsuit claims. But Wang Minghai feel that he "can't afford to wait."
Surging licheng district Labor Bureau Chief of the supervision Department of one official name told news, Department of labor can only receive labor dispute cases, caused by working-age dispute over labor law, Labor Department can do about it. He said that, although this provision of the law, but "we just law enforcement cannot be above the law."
Surging news inquiry found that currently for employees injured at work for employees over age finds that the differences across the country. One is clearly inadmissible. Implementation, such as the Beijing city < insurance regulations regarding industrial injuries > regulations: "work-related injury certification of application any of the following circumstances, inadmissible: injured personnel are employed by the employer for retirees or beyond the statutory retirement age.
Another scenario is that clearly can enjoy labour insurance. The Shanghai Municipal labor and Social Security Bureau, the Shanghai municipal medical insurance Bureau on implementation < implementation measures for the work-related injury insurance in shanghai > notice on several issues provided that the employers to hire retirees in the city of an accidental injury, work-related injury certification, working ability appraisal in accordance with the measures for the implementation of the provisions of, work-related injury insurance benefits refer to the measures for the implementation of provisions of the paid by the employer.
Long-term attention to the rights of migrant workers surging told Zhou Litai lawyers news, there is not clearly defined, but in practice the approach is for such application as inadmissible. Zhou Li too believes that labour arbitration Commission on the arbitration over the legal age farmers application as inadmissible practices illegal. He said Chinese law only requires not employ child labor, did not say that they cannot hire people above the age of 60, labour rights and the protection of these people should be protected by law.
Said Zhou Litai, the Supreme People's Court has made a judicial interpretation on this issue, he has too many agents play in a similar case, after was ruled inadmissible by the Arbitration Commission, were in favour of the prosecution to court, labor relations was established and received compensation.
But Wang Minghai missed time. According to him, Zhang Haifeng told him not to prosecute, to do forensic first, settled after the results. Five star hotel in shangluo city of Shaanxi bust
Forensic identification liucuilan for disabled ten. Surging journalist Zhao Mengtu
On January 4, 2016, Wang Minghai get liucuilan results of forensic, liucuilan constitute ten disability. Calculated by the lawyers, including disability compensation, medical care, follow-up treatment and delays, costs 9, total compensation may apply to 120,000 yuan. But surging Zhang Haifeng told the news, they are based on the results count, "only up to 40,000 yuan." Differences between the two sides is too large, a standoff.
Because the results are not the Labor Department made after both parties divided on compensation, Department of labor cannot intervene, nor to compensation suit in court. If you want to go to justice, Wang Minghai only option was to back to court for personal injury. This means that his nearly four-month efforts made for the compensation.
Wang Minghai still hopes to solve, "drags on longer, more afraid to go", Wang Minghai feeling, if it continue to take judicial proceedings, "if over the age of 60 are not run by the Court to do? "Activist after nearly four months before he was" scared ".
On January 29, Wang Minghai couple Nantong Tak Shing Construction Services Ltd Jinan branch, based on the query, and their labor relations with the company.
In the company's "Vice" House offices, information identifying the surging heads hoping to contact in this case, a man dressed in blue shirt said, "charge is not, you expose it. "
Liucuilan stood in front of the shed, waiting to get compensation and went home for the new year. Surging journalist Zhao Mengtu
Today, the liucuilan from time to time the pain in my chest, unable to work. Old couple stayed up to 29 in the shed, take the train to work in Jiangsu Province son domicile. After the Spring Festival, Wang Minghai ready to go to Jinan, begging for one for his wife.
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