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Courts act to help migrants
http://www.sina.com.cn 2003/12/24 16:23  Shanghai Daily

  Local courts are taking measures to protect the rights of migrant workers, officials said at a press conference held by the Shanghai Higher People's Court yesterday.

  As the Spring Festival nears, when migrant laborers prepare to reunite with their families in faraway villages, tensions are rising between workers and their employers, who often delay paying their salaries.

  Judges from the people's courts of Zhabei, Hongkou and Putuo districts said they are doing their utmost to implement laws to protect abused migrants, whose abysmal living conditions in other provinces prompt them to flock to big cities like Shanghai, where they often find low-paying jobs in the construction industry or as waiters.

  Many migrants are poorly educated and inadvertently sign unfair agreements with their employers. Work contracts sometimes include a clause exempting employers from offering medical coverage.

  Chinese courts, however, deem the clause illegal because it violates workers' rights to labor protection.

  "Such clauses were ruled ineffective by the Supreme Court in 1989. But migrant workers still sign such contracts and don't seek help from the court after accidents due to ignorance," said Li Kangmin, president of the Hongkou court. "We hope more migrant workers can learn to protect themselves."

  Even for migrants who didn't sign any contracts, the court will also protect their interests as long as they can prove they have worked for the employer.

  Meanwhile, the Zhabei District People's Court is also providing special judicial protection to migrants.

  If a migrant worker sues his employer but cannot offer strong evidence, the burden of proof lies with the employer. Ordinarily, the opposite applies: the burden of proof lies with the party filing suit.

  A migrant worker named Huang Bin sued the Shanghai Xinchangrun Restaurant, claiming he worked overtime from February 23 to April 22 without being compensated.

  The employer was unable to provide a record book of employee work hours, and agreed to pay 2,990 yuan (US$360) under mediation.

  As a further measure, local courts provide judicial aid to migrants, which exempts them from legal fees that they cannot afford.




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