Occupational disease it prevents and cures to be difficult to save someone's life to build law what labourer safeguard the rights so difficult?

Occupational disease it prevents and cures to be difficult to save someone's life to build law what labourer safeguard the rights so difficult?
Repair the law and progress to some extent in lowering occupational disease and diagnosing the threshold, strengthening government's responsibility this time. But only confirm and ensure " Three right of labourer " (unite the right, right, collective dispute right of collective bargaining) ,It is the final route which protects the labourer
The intersection of Shenzhen and the intersection of pneumoconiosis and worker of Leiyang safeguard the rights incident collectively from 2009, pass by two solid years already. Xu XinSheng, Xu RuiBao and Li WanMei, three have not got the workers that compensated for yet, still loop in the tedious legal procedure so far.
Life run legal procedure, a lot of the intersection of Chinese and the intersection of occupational disease and destiny of patient nearly. Submitted to legislature for examination for the first time on June 27, 2011>(call " draft " in the following text) ,Change their destiny, OK?
Safeguard the rights and race with the life
The pneumoconiosis workers of Leiyang of Shenzhen are once job - -The pneumatic drill is blown up, it is the essential process of building trade of Shenzhen, will produce a large amount of dust in the homework course. Since the beginning of the 1990s of last century, the workers of Leiyang of Hunan fellow-villagers drew fellow-villagers to come to the building site, have even monopolized this trade as time passes.
Since 1999, pneumatic drill workers suffer from dust pulmonary tuberculosis successively. Overwhelming majority have labour contract in the they, have the intersection of industrial injury and insurance, have enterprise admit they one's own worker once. In the frustration safeguarding the rights course for many years, patients are dying constantly.
Going through all sorts of hiccups, in 2009 ten years later, these group of ill workers can joint the collective together and safeguard the rights. Numerous struggle, result of compromise are: The government is in charge of the relation of working to authorize for the workers, nearly 90 " unable to confirm the relation of working " Worker,get government "cultural and educational care " --Dust pulmonary tuberculosis I stage patient and relatives of the dead compensate for 70,000 yuan, compensate for 100,000 yuan at II stage, cultural and educational care is 130,000 yuan of III stage. Among them and can be confirmed working over ten workers of the relation, further claim according to procedure and compensation standard of the legal provision.
These 11 workers have come into the maze of the legal procedure at this point. A worker chooses to solve with the unit privately, it is chosen " cultural and educational care " that six renounce an action . Only four workers have entered occupational disease to determine that asserts links with the industrial injury. One of these's compensation getting 200,000 yuan smoothly. Three last people, have gone through administrative reconsideration and administrative litigation that the industrial injury asserts, and arbitration and first instance procedure of civil claim.
"I believe the end is sure to win, but does not know whether still can wait until. " Pulmonary tuberculosis worker Xu XinSheng says the dust. Nowadays, the employing unit adjudiacates in the first instance that puts forward appeal, this is the last ring of a legal procedure too. Long safeguarding the rights, has seemed to already see dawn.
However, it has already been the pneumoconiosis Xu RuiBao at III stage, saying two sentences each time needs stopping to breathe in a mouthful of oxygen. 40 -year-old Xu XinSheng, the ill intensity is the lightest in three people, he originally plans to go to the national coal miner's sanatorium of Bei Dai River to wash the lung, but find pulmonary tuberculosis at the beginning of this year - -Washing the lung will only aggravate his condition. "Only afraid our life run and can not safeguard the rights. "
This have a few people can go to the intersection of safeguarding the rights and marathon of terminal only, only colony overture that erupt, occupational disease of China, over these years. Before this, it was Henan worker Zhang HaiChao that opened the chest and tested the lung; After this, it is Zhangjiajie (8.25, 0.03, 0.36%) that works as a temporary labourer in Shenzhen together Pneumatic drill worker safeguards the rights for book. And then from ancient wave of enveloping field in Hebei, Gansu to Ganluo of Sichuan, several hundred pneumoconiosis workers safeguard the rights collectively the incident take place frequently.
The story appearing on the media is very much the same, one and another young persons of village go out to work as a temporary labourer in a group, toss about in bed in many factories or mines. They do not have written labour contract, there is no labour protection. Find many years later that ill, the factory, colliery have even already gone bankrupt. The starting point that workers safeguard the rights, it is a medical certificate of an occupational disease, but they have no way of offering and diagnosing all sorts of necessary materials, kept in the first link of safeguarding the rights outside of the door ' Relevant report is seen the second issue of 2010 of our publication " Dust pulmonary tuberculosis: Safeguarding the rights has no end " ,The 4th issue of 2011 years " The life of only safeguarding the rights and running " ).
The procedure obstacle while safeguarding the rights to occupational disease, it is higher and higher to revise the voice of implementing " law on prevention and cure of occupational disease " in nine years. On June 27, 2011, the 21st meeting of the 11th Standing Committee of the National People's Congress is right>(call " draft " in the following text) Carry on the first review. Chen Zhu (special column), minister of Ministry of Public Health Introduce while explaining to " draft " at the meeting of Standing Committee, " draft " has kept the basic frame of the current law on prevention and cure of occupational disease, make the management system of occupational health surveillance in order emphatically, solve occupational disease and diagnose the outstanding problem that determines it is difficult to wait to exist in the prevention and control of occupational disease at present.
To build law, lower occupational disease, diagnose threshold, strengthen the intersection of government and direction of responsibility, for the affirmation this time many scholar, but emphasize, confirm ensuring " three right of labourer " at the same time ,It is the final route which protects the labourer.
The procedure Shu progresses tiredly and limitedly
For suffering from the workers of occupational disease, the starting point of safeguarding the rights is that occupational disease is diagnosed.
The first question which the workers meet, that is that diagnoses there are too few organizations. According to the regulation, only the medical health organ which the Ministry of Health above the province level sanctions can diagnose occupational disease. But in practice, occupational disease is diagnosed monopolized by the first class occupational disease dispensary of prefecture-level city.
" opening the chest and testing the lung " In the incident, Hai Zhang exceed, get many of two tertiary hospital go to a doctor, but unable to get dust pulmonary tuberculosis diagnose the conclusion - -They do not possess occupational disease to diagnose the qualification. Many hospitals of Beijing are for fear of what occupational disease is diagnosed " Possession management " ,It is unable to make a definite diagnosis of it.
In August of 2009, Ministry of Public Health has sent the documents, has required by the end of May of 2010, every city (ground) More than two occupational diseases diagnose the organization. Build " the draft " of law break, limit further, define occupational disease diagnose terms that organization should possess this time, make the medical health organs which accords with the conditions make occupational disease and diagnose organization's qualification, offer more opportunities that the labourer chooses to diagnose the organization independently. Stipulate occupational disease diagnose organization can't refuse, go on the requirement diagnosed by labourer still at the same time.
However, find diagnosing the organization is the first step. Diagnose the mechanism according to existing occupational disease, the labourer applies for occupational disease to need to file the job history while diagnosing, history, occupational health guard file copy, job the intersection of health examination and result, workplace job critically ill to make factor measure, comment on materials a series of material over the years previously. Among them most materials are grasped in employing unit. Though " law on prevention and cure of occupational disease " requires the employing unit to offer the corresponding materials accurately, but in reality, enterprises are often unwilling " from their crime of the card " .
Justice unite the labour law to help with the research center by Beijing ' Make and claim justice unites the centre) " research report of occupational disease " released reveals, in the workers who he surveyed and studied, 48% of the people have been diagnosed the organization refuses to accept by occupational disease because the material is not complete. As to the workers not signing the written labour contract, many employing units will assert emphatically it is not one's own workers. Carry on arbitration and lawsuit for proving the relation of working first before asking for the relevant material from employing unit if there are 26.2% of the workers. In order to prepare all neat medical certificates, 1/4 of the workers have spent more than three months time, 1/3 of the people spend over 1000 yuan.
Treat material to be complete, one that is average 34 days, after waiting, the workers did not obtain occupational disease to diagnose the conclusion, can enter the processing procedure of industrial injury subsequently.

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