On the "Beijing City, the Fengtai District human resources and Social Security Bureau Industrial department"

Do not act in accordance with the law to reflect the situation

Dear director Zhang Xinqing:

   I was in Beijing city by lawyer Zhang Xuefeng, was appointed by Beijing Fengtai District legal aid center to provide legal aid to migrant workers, Zhang Yaran. We will reflect the situation as follows:

   1, to reflect the situation. Zhang Yaran worked in Tianjin solid construction engineering company limited, the company registered in Tianjin, the production and operation of Fengtai District in Beijing City, company in the register to the production and business operation are not for Zhang Yaran to pay the social insurance.

   2, what happened. The work of South to North Water Diversion Project site in 2010 October Zhang Yaran in Tianjin Solid Construction Engineering Company Limited is located in the territory of Fengtai, engaged in steel industry in March 3, 2011, industrial injury, because there is no signed labor contracts, to apply for work-related injuries by Fengtai District industrial department informed orally, first apply for arbitration to confirm the labor relationship.

   Zhang Yaran in July 17, 2011 in the Fengtai District Arbitration Commission for confirmation of labor relations, after nearly 8 months of waiting, the Fengtai District labor dispute arbitration commission to make a ruling in March 9, 2012, labor relations and ruling Tianjin Solid Construction Engineering Company Limited signed labor contracts with Zhang Yaran confirmed within 10 days Zhang Yaran and Tianjin solid construction and engineering company limited.

   In the Fengtai District labor dispute arbitration committee confirmed after labor concerns, Zhang Yaran went to the Fengtai District human resources and Social Security Bureau industrial department to apply for work-related injuries found. First, industrial department staff said, Beijing policy change, company registration cannot be found in other provinces in Beijing to apply for work-related injuries, but after the communication and industrial department staff, can be said to the leader. In the decision after the March 9, 2012 to 2012 6 early industrial department staff has not received the applicant's materials. By June 11, 2012, industrial department receives the application materials and a copy of the notification, the notification requirement: 1, and enterprise business license or business certificate; 2, other materials. In a specified period of time, the applicant to correct the "Tianjin issued by the Administration for Industry and Commerce Wuqing branch of industrial and commercial households" "information card", but until today, no injury to the applicant's work-related injuries that have a conclusion.

  After consulting many times, industrial department thinks, the injuries that do not belong to the jurisdiction of Fengtai. But according to the "notice on issues related to migrant workers participating in industrial injury insurance (labor department No. [2004]18)" the provisions of article third, namely: "unit of choose and employ persons registered with the production and business operation are not in the same urban areas, in principle in the register to participate in work injury insurance. Not in the register to attend inductrial injury insurance, in the production and business operation to participate in work injury insurance. Migrant workers by the accident injury or suffering from occupation disease, identification of work-related injury insurance, labor ability, and in accordance with the provisions of the insurance law enjoy treatment of inductrial injury insurance. The employing units in the registration and production operations were not to participate in work injury insurance of migrant workers, by the accident injury or suffer from occupation disease, identification of work-related injuries, the labor ability in production and management, in accordance with the provisions of the production management according to law by the employer to pay industrial injury insurance treatment. Obviously, the ascertainment of a work-related injury should be identified as work-related injuries, in Fengtai, said the staff, because it is the provincial enterprise, cannot deliver the legal documents of the rights and interests of rhetoric, but indifference.

   The applicant as in the south to North Water Diversion Project in 2010 the work of key projects of Beijing city of migrant workers industrial injury, need a two operation, all expenses are paid by themselves and their families. For a family of extremely difficult migrant workers and the father of cancer cases, this is as the son of the applicant, make money for his father to see a doctor to maintain life, filial piety. In this case, the provision of legal aid in accordance with state law for the applicant in the Fengtai District Legal Aid Center, but encountered do not act in accordance with the law of Beijing, Fengtai District human resources and Social Security Bureau industrial department, let the applicant is very cold.

   Director Zhang respected, really give you trouble, thank you in his busy schedule to pay attention to this matter, I believe, as director general of the Beijing human resources and Social Security Bureau you with our Beijing Fengtai District legal aid center and the center appointed lawyer I, all have a common goal, that is within the limits prescribed by law, protection of vulnerable migrant workers rights, to make a harmonious society to contribute their.

   Merry: Director Zhang health!

                                  Beijing Fengtai District Legal Aid Center appoint lawyers: Zhang Xuefeng

                                           Beijing Jinghan lawyer

                                            In November 11, 2012 23