A Research On Legal Protection Of The Laborers Suffering From Occupational-disease-like Diseases

In recent years, Chinese occupation safety is in a very serious condition. All kinds of occupational disease are increasing rapidly. Thousands of laborers are working in adverse conditions and suffering from occupational-disease-like diseases. Occupational-disease-like diseases seriously affect laborers’health directly, in the same time, harm laborers’work ability and destroy their career stability, leading to a significant impact on health, mental, income, personal development and so on. So protecting the right of Laborers suffering from occupational-disease-like diseases has become an important part of labor law. Chinese law has established mechanisms to protect these laborers and gained some effects. But legislation is still quite vague and inadequate in this field. There are quite parts of employers trying to take advantage of the loophole of legislation and their power position to violate the right of laborers suffering from occupational-disease-like diseases, which lead to conflicts between employers and laborers frequently. Now laborers suffering from occupational-disease-like diseases are facing series difficulty, mainly involves the following aspects:not steedy career, low levels of security, high difficulty in safeguarding legal rights. The basic value of labor law requires us to improve the mechanisms to protect laborers suffering from occupational-disease-like diseases better.This paper takes a analyze on the legislation and judicature of protecting laborers suffering from occupational-disease-like diseases, summarizes the problems obstructing protect laborers’rights who suffer from occupational-disease-like diseases. Based on the labor law fundamental principle, this paper investigates emphasis the following three problems and tries to put forward the solutions:how to identify laborers suffering from occupational-disease-like diseases clearly, how to arrange these labors properly, how to provide right relieves when the right of laborers suffering from occupational-disease-like diseases are violated. Besides the introduction and concluding remarks, the body of the paper is divided into three parts whose main contents is summarized as follows:Firstly, this paper makes a taxonomic revision of cases which happen between laborers suffering from occupational-disease-like diseases and their employs from 2009 to 2013, aiming to make sense of the problems about protecting laborers suffering from occupational-disease-like diseases existing in the realistic social.By inputting key word occupational-disease-like diseases in the Magic Weapon of Peking University in Searching Legal Information and lawyee of Peking University, the author collected 145 judgments concerning laborers’ labor rights who suffer from occupational-disease-like diseases. After selecting,the auther gained 5 cases which she needs. This paper classify all the cased into the following six kinds in the litigious claim standard:disputes of recovering labor relations, paying economic compensation, treatment during the period laborers suffer from occupational-disease-like diseases, altering labor contract, confirming labor relations, arranging occupational health examination. In the same time, this paper summarizes dispute focus and criterion the judicial organs applicate in practice.Secondly, this paper take an analysis of existing problems hindering laborers suffering from occupational-disease-like diseases realizing their rights in detail. On the basis of taxonomic revision in the last part,the author comes to the conclusion that three most important reasons lead to the disadvantages in protecting suspected occupational laborers’ rights:no definite criterion in judging weather or not laborers suffer from occupational-disease-like diseases, arrangement about these laborers are not properly and operational, right relief when the right of laborers suffering from occupational-disease-like diseases are violated are not effective. To study these issues deeply, this paper analysis these three issues from three aspects, legislative stipulation, existing problems and consequence in detail.The last part is the exploration about how to guarantee rights and interests of laborers suffering from occupational-disease-like diseases, divided into two parts: principle of right guarantee and concrete suggestions. To improve the present situation of labors suffering from occupational-disease-like diseases, we should carry out the basic spirit of labor law, guide legislation and judicature by decent work principle, health security principle, the duty of protection and care of an employer to an employee principle. Only in this way we can ensure labor working in free, impartial, secure and dignified conditions, maintain labors’ health practically, implement the duty of care of an employer. To be specific, we should take measures to improve legislative idea, reflect humanism care to laborers suffering from occupational-disease-like diseases, definite how to assert laborers suffering from occupational-disease-like diseases clearly, arrange these laborers properly, provide them sufficient right relief, establish occupational-disease-like diseases compensation mechanism for improving laborers’ situation. Only in this way, we can guarantee rights of existence laborers suffering from occupational-disease-like diseases comprehensively.