Research On The Mechanism Of Labor Injury Relief For Uninsured Workers

With the establishment of the social insurance system, the employer to pay for the workers of the industrial injury insurance under the condition of the injured workers can get timely compensation for damages. The current law of our country stipulates the subject and pay social insurance obligations, obligations of the main provisions of the law the employer shall pay social insurance for workers, with people the unit for the workers to pay social insurance is the legal obligation. But because of the mandatory provisions of the present law execution is not strong,there are a large number of employers in order to save the cost of funds not to give workers pay social insurance,leading to the current China's industrial injury insurance insurance rate is generally not high, direct damage to the workers The rights of relief of uninsured workers subjected to industrial injury has important significance for the protection of workers' rights of life and health. The insured employee injury described in this paper is not intended to discuss the damage relief mechanism of uninsured workers industrial injury relief in a timely and effective way to obtain, through the study of China's current uninsured workers suffering from work-related injury the status quo and existing laws and regulations, put forward suggestions on the current legal situation.This paper is divided into three parts. The first part of the uninsured workers industrial injury relief mechanism on the basis of the theory are discussed, expounds the theoretical basis of relief to the uninsured workers and its necessity, and discusses the general industrial injury, industrial injury tort Third Party Infringement of the labor units, industrial injury relief three types of uninsured workers. Different legal relief mechanism of the second part of this thesis mainly study the uninsured workers industrial injury and the lack of social insurance law.the labor law, labor contract law ,Regulations of induct injury insurance and other legal norms regulating The whole social insurance relationship. Through the study of China's current the law, found at present in our country, aiming at the shortage of uninsured workers industrial injury relief mechanism. There is mainly reflected in the provisions of unknown dispute cases in the allocation of the burden of proof is not clear, the laborer legal remedy procedure is too complicated. In order to ensure the workers receive timely consumption economic relief advance payment system, there is no clear provision, and there are loopholes in the law. The third part of the thesis aiming at the shortage of existing law and put forward relevant proposals. Include the application of specific laws and regulations, provisions for the allocation of the burden of proof in dispute cases unclear responsibility put forward clearly Is the burden of proof and other recommendations.For the uninsured workers to apply for work-related injury insurance payments paid in advance relief, need to specify the "pay" and "not sure" standard, when workers can apply for work-related injury insurance fund advance payment guarantee uninsured workers receive timely relief the author put forward a proposal.