On October 21, Tianjin Municipal Commission of housing and urban rural development issued a notice on Further Strengthening the work related to the safety production management of construction.
The document proposes to further standardize the employment age management of construction units: 1.
Without the legal system, more and more over aged farmers’ trade unions like Lao Pei are facing the dilemma of safeguarding their rights.
Personnel under the age of 18 and professional personnel over the age of 60 (male) and 55 (female) are prohibited from engaging in professional and technical work on the construction site.
This is the case of Lao Pei in this case.
The main technical posts such as the deputy general manager and chief technical engineer of the project refer to the registered management personnel.
Reasonably arrange personnel for special posts, and do not arrange or use construction workers over 55 years old for men and over 45 years old for women to enter the construction site to engage in high-altitude, particularly heavy physical labor and other high-risk and high-risk work.
The court could not support his application for compensation of 13000 yuan in total, such as medical expenses and work delay expenses.
Sign labor contracts according to law.
When safeguarding his rights, he could not be recognized as a labor relationship because he exceeded the legal retirement age, and the labor supervision team could not accept it; To court proceedings, did not sign a labor contract, not supported.
Clear: 1.
How to employ flexibly and reasonably according to law is a problem that we have to face in front of building enterprises.
Lao Pei can’t get this certificate, so he can’t identify the industrial injury and assess the disability level, so he can’t determine the compensation standard.
“The effective date of the labor dispatch agreement is from July 28, 2018 to July 28, 2019.
According to the workers’ participation in industrial injury insurance according to the project, they took the initiative to help Lao Pei apply for industrial injury insurance benefits.
I think we can hurry up and get industrial injury compensation.” Lao Pei said that he thought the dispatch contract had not expired, so he went to the local labor inspection department to protect his rights.
Second, professional personnel on the construction site.
Source: worker’s daily and local housing and construction departments according to worker’s daily, 62 year old migrant worker Lao Pei was injured while working on the construction site.
When signing labor contracts with construction workers, construction units shall strictly implement the provisions of the state on the legal retirement age, and shall not sign labor contracts for men over 60 years old and women over 50 years old.
Later, more regions may follow up and send documents, and enterprises should make preparations in advance.
3.
The accident occurred on June 17, 2019.
In the end, 7600 yuan of medical expenses was offset by 5000 yuan of “condolences”.
Affected by the epidemic, after more than two years, the Shenyang Heping District Court heard the case.
In accordance with the relevant requirements of the state and the city’s real name management of construction workers, before entering the construction site, the construction unit shall sign labor contracts with construction workers, and those who do not sign labor contracts shall not enter the construction site.
Strictly manage the employees of housing and municipal engineering.
2.
As a result, they bypassed the initial difficulty in the identification of industrial injury.
Article 18 of the regulations on industrial injury insurance stipulates that when applying for identification of industrial injury, proof materials of labor relationship (including factual labor relationship) with the employer shall be submitted.
In other words, after Lao Pei’s 60th birthday on February 21, 2019, the agreement has been terminated.
After Lao Pei insisted on appealing, the construction team and the developer jointly gave him industrial injury compensation in the form of 5000 yuan “consolation money”.
In reality, the aging of migrant workers continues to accelerate.
On November 2, Huanggang Municipal Bureau of housing and urban rural development issued the notice of Huanggang Municipal Bureau of housing and urban rural development on further promoting the management of real name employment system for housing and municipal projects in the city.
Tianjin, Shanghai, Shenzhen, Taizhou, Jiangsu, Nanchang, Jiangxi, Huanggang, Hubei, Jingzhou, Hubei and Hengqin new area, Zhuhai have all made this requirement.
Registered constructors and registered supervision engineers over the age of 65 are prohibited from entering the project site to engage in construction management.
It is forbidden to recruit or use personnel under the age of 18, men over the age of 60 and women over the age of 50 in any form to enter the construction site for construction operations..
Because Lao Pei was 60 years old when the accident occurred, he was in a labor relationship, but he did not sign a labor contract, and there was no supporting evidence such as payroll and bank transfer records to prove the existence of labor relationship, nor did he agree on how to compensate for the accident.
After understanding the situation, Zhang Wenkai, a legal aid lawyer, believes that the recognition of the relationship between over age workers and the scope of compensation by various courts is not unified, and there is a risk of losing the lawsuit.
During this period, the real estate developers have been actively promoting the settlement of this matter.
So far, several regions across the country have issued documents to further standardize the employment age management of construction enterprises.
The reply is that the implementation regulations of the labor contract law stipulate that “if a worker reaches the legal retirement age, the labor contract shall be terminated”.
If it is really necessary to arrange or use over age construction workers due to special circumstances, the construction unit shall verify the health certificate of over age workers (the validity period of the health certificate is 1 year), and reasonably arrange jobs according to the specific conditions of the project.
According to the data of migrant workers monitoring survey report, in recent five years, the proportion of migrant workers over 50 years old in China has continuously increased from 19.2% to 26.4%.
Some areas require that construction units shall not sign labor contracts with them.
The purpose of strengthening the management of workers’ employment age is to ensure safe construction and standardize management.
Third, labor personnel on the construction site.
In principle, it is not recommended to participate in the technical management of the construction site when they are over 65 years old.
Not long ago, a construction unit in Jingzhou was notified and punished for recruiting men over the age of 60 to engage in construction operations! It can be seen that the requirements for the age of employment are becoming more and more strict.
First, the management personnel of construction enterprises.
Xiaobian’s words: previously, many places issued documents to prohibit men over 60 and women over 50 from entering the construction site to engage in construction operations.
Standardize the management of employment age.
