Research On Legal Issues Of Work-related Injury Insurance Of Migrant Workers In China

With the reform and opening up and increasing population flows in China, an unprecedented tide of peasant workers emerged. Migrant workers go into the cities in search of employment opportunities ,thus has provided an adequate labor force for urban economic development However, subjected to various conditions, migrant workers mostly engaged in heavy and high-risk manual labor, and dangerous work. They have the higher probability of occurring industrial accidents and occupational diseases to plague. However, such a large group, have no specific laws to protect their legitimate interests. Work-related injury insurance for Migrant workers must be resolved.The first part of my paper discusses the origins of migrant workers, characteristics and problems. Migrant workers are those rural surplus labor who go out into the cities and towns to be engaged in secondary and tertiary industries. China has a large population and little farmland. In late 1980s, with a substantial increase in productivity, reform and opening up brought about new system, these are the reasons for the formation of migrant workers. Farmers have the characteristics of low levels of education, young male-dominated, highly moving, no fixed place of work, heavy workload and short-duration, high-risk, pay less and so on. The second part illustrates the migrant workers work-related injury insurance system and the model. The migrant workers industrial injury insurance refers that when migrant workers encounter adverse factors injuries and occupational injuries as engaged in professional activities and their employment-related activities, the migrant workers and their dependents can get the necessary material compensation from the state and society, as well as the necessary medical treatment and rehabilitation services for migrant workers injured on the job. This section describes the establishment of migrant workers industrial injury insurance law is to protect the basic living requirements of migrant workers, to meet the demands of building a t harmonious society, but also to protect the interests of the employing unit to ensure long-term development, as well as to the steady development of society requirements. The third part is the analysis of the main issues on the development of migrant workers industrial injury insurance. For instance the insured rate is low, companies take the formalization, which, these are the responsibility of both employing unit and migrant workers . government supervision is not enough, such as administration bodies scattered, monitoring methods are too general and so on; migrant workers have difficulties in safeguarding rights when encountering work-related injuries; the treatment and rehabilitation costs can not be implemented; penalties are not enough and so on. Part IV analyzes the foreign farmers Industrial injury insurance Practice and Enlightenment for my country: refine industrial injury insurance premium rate; put the safety precautions in the first place; the establishment of a special migrant workers industrial injury insurance agencies; establish the principle of compensation is prior to rehabilitation. Fifth section presents information on establishing and perfecting the work injury insurance system for migrant workers: the establishment of a special migrant workers industrial injury insurance regulatory bodies; to put injury prevention to top priority; establish a dedicated fund for migrant workers after the first treatment litigation; refined industrial injury insurance premium rates; establishment of rehabilitation is superior to the principle of compensation; the government to establish a strict rewards and penalties rules to severely punish those companies who is in the violation of migrant workers industrial injury insurance system.