Research On Labor Relationship Certification In Work Injury Of Peasant-worker

With the development of social economy and the acceleration of urbanization process, a new group with large population has appeared, it is the group of peasant-worker. They make made huge contributions to rural development, urban construction, and industrialization and modernization construction of our country. However, this special group never enjoys the treatments that match with their contributions in social life, and they are still in a weak position and become the bottom of society due to the influences of various factors. They usually work with great labor intensity and low labor income, not only that, these works usually have high risks, and they may suffer from occupational diseases or meet with accident work injuries, which is a great threat on health, even life. Unfortunately, although they work on such high-risk works with contributions, once accident work injuries happened, urban residents can enjoy treatments of work-related injury insurance, while peasant-workers can’t enjoy such personal safety security. At present, seeing from employment situations of all industries in our country, only a few part of peasant-workers sign written employment contracts with employers, peasant-workers who don’t sign written employment contracts with employers can be found everywhere, once accident work injuries happened, peasant-workers who don’t sign employment contracts often can’t provide powerful evidences to prove the labor relationship between themselves and units, which leads to that peasant-workers who are in a weak position can’t make work-related injury certification due to they can’t confirm the labor relationship between themselves and units, and they can’t enjoy treatments of work-related injury insurance, the legal rights and interests can’t protected by laws.In practice, the standard labor relationship, that is the labor relationship which is signed labor contract, can be protected by laws smoothly, but non-standard labor relationship occupies highest proportion in labor dispute cases. Because "Labor Law", "Labor Contract Law" and other laws in our country doesn’t unify the ownership and standard of labor relationship certification in accident work injuries, in addition, the process of work-related injury certification is very complex and the supervision strength is not enough, large amounts of non-standard labor relationships exist. If peasant-worker can’t prove their labor relationships with employers, or employers prove that there are no labor relationships with them, and then it will be very difficult to certificate labor relationships in work-related injury cases, the time will be much longer than labor relationship certification with labor contracts, maybe peasant-workers still can’t enjoy treatments of work-related injury insurance finally.Aiming at the insufficient in current system in our country, it is very important to unify the ownership and standard of labor relationship certification in accident work injuries, at the same time, the process of work-related injury certification needs to be simplified, law-enforcing supervision and propaganda of laws and regulations need to be strengthened, right-protection consciousness of peasant-workers need to be enhanced, and the generation of non-standard labor relationships need to be reduced, even work-related injury insurance emergency fund can be established in suitable time, thus to promote the development of harmonious labor relationships further.