The Low Ability To Produce Evidence Leads To The Difficulty In Safeguarding Litigation Rights Of Migrant Workers And Other Labor Groups.

From the intermediate people's Court of Xining, Qinghai, it was learned that the cases of laborers' rights and interests accepted by the two level courts in Xining and district and county level showed that the low ability to prove evidence is an important reason for the difficulty in safeguarding litigation rights of some working groups such as migrant workers.

Huang Zhengtao, vice president of the Xining intermediate people's court, said that in the litigation involving workers' rights and interests, the proportion of ordinary workers engaged in front-line production and services is relatively large, and such workers are mainly concentrated in catering, sales, construction and other industries, and most of them are migrant workers.

Due to the relatively low level of culture and strong mobility, the ability of litigation is especially low.

Its main performance is: employers and workers do not sign labor contracts or labor contracts are not standardized, part of the laborers and employers in terms of wages, overtime, royalty and other aspects are mostly oral agreement, lack of written materials curing, rights and obligations relationship is not clear.

Once there is labor dispute between the two sides, it is very difficult for laborers to prove their rights and interests. This is an important reason for workers to lose their rights in litigation.

"This problem is particularly prominent in the field of construction. Construction enterprises often use labor contracts, subcontracting, subcontracting and other means to circumvent their work with laborers.

Obligation.

It is illegal subcontracting that causes widespread wage arrears.

Huang Zhengtao told reporters.

To enhance the ability to provide evidence, Huang Zhengtao said that the labor contract is an important proof of the existence of labor relations between the two parties, and is the main rights of fixed salary, job location, job position, contract period and so on.

An important carrier.

Therefore, a laborer must be required to sign a written labor contract according to law and not to change at will.

Study carefully and confirm the specific contents of the labor contract.

At the same time, workers should pay attention to the preservation of relevant evidence, especially in the enterprises where the employment management is not standardized, keep the written evidence that can reflect their own work, such as duty records, entry card, payroll, dispatch sheet and so on.

In addition, workers can enhance their ability to provide evidence and safeguard their rights through trade union organizations.