Difficulties in producing overtime, non-payment of social security, and cross-unit work are common

Security guards' rights protection has shortcomings

  Our reporter Wu Duosi Our intern Xu Pengwei

  The security service industry plays an important role in stimulating social employment, maintaining social order and promoting economic development.

In recent years, with the increase of employees, irregular employment in the security industry and difficulty in safeguarding labor rights and interests have occurred from time to time.

Difficulty in proving overtime

  In July 2017, Zhao Mougui joined a security company in Urumqi, Xinjiang, and agreed to implement a four-shift three-operation work system.

In June 2020, Zhao Mougui requested to terminate the labor relationship on the grounds that the security company worked overtime for a long time without arranging breaks, did not take holidays on holidays, and refused to pay overtime wages.

Zhao Mougui filed a lawsuit after arbitration.

  The Urumqi Intermediate People's Court held that the working method of four shifts and three operations agreed by Zhao Mougui and the security company was required by the nature of the security work. The alleged fact of overtime bears the burden of proof, so its claim for compensation is dismissed.

  Security guard Han Mouxue also encountered the problem that overtime pay is difficult to determine.

  Han Mouxue works as a security guard at a property company in Karamay City, Xinjiang. The working hours are from 9:00 am to 9:00 pm every day.

From July 27 to September 2, 2020, Han learned to eat, live, and work at the property company, and there were 3 security guards who were working in rotation.

Han Mouxue applied for arbitration on issues such as overtime pay, and then the case was brought to the court.

  The Karamay Intermediate People's Court held that from July 27 to September 2, 2020, considering the special circumstances of the epidemic, Han Xue and other three people worked in shift work, and Han Xue could not prove that he could not go home every day. He completed the work tasks without rest and quality and quantity at the workplace, so his request for overtime pay was rejected.

  Previously, when the Xinjiang Uygur Autonomous Region Federation of Trade Unions investigated the protection of security rights and interests, they found that it was common for security guards to work overtime and extended working hours, but they faced difficulties in producing evidence.

Cross-unit work is common

  Relevant surveys show that private security service companies (enterprises) in Xinjiang pay low rates of social security, and it is very common for security guards to work across companies and units.

  In September 2019, Zhao Moujian, a security guard at a gas station in Wensu County, Xinjiang, was injured at work and was identified as a grade 10 work-related injury.

The gas station did not pay the worker's injury insurance fee.

The two parties have disputes over Zhao Mujian's various work-related injury insurance benefits.

  The court held that the gas station, as an employer, should pay social insurance for the employee Zhao Moujian. Now that he has a work-related injury, the gas station should pay various work-related injury insurance benefits.

In the end, the court ruled that the gas station should pay Zhao Moujian more than 117,000 yuan for various work-related injury insurance benefits.

  Security guards work in two units at the same time, whose basic rights and interests are guaranteed?

  Ma is a retired employee of a drilling company in Karamay City. In November 2018, he joined a property company and engaged in security work.

The drilling company has paid social insurance for Ma, but the property company has not paid him work-related injury insurance.

In October 2019, Ma died suddenly while working at the gate arranged by the property company and was deemed to be a work-related death.

The two parties had a dispute over the issue of compensation for work-related death.

  The court stated that the drilling company and the property management company are two different responsibilities. The property management company, as an employer, did not pay work-related injury insurance for the worker Ma, and should bear the corresponding legal responsibility.

In the end, the property company was sentenced to bear a total of more than 898,000 yuan in Ma's work-related death subsidy, funeral expenses and child support.

Promote the healthy development of the industry

  "Currently, the main legal channels for security guards to safeguard their rights are labor arbitration and civil litigation, which are time-consuming, labor-intensive and expensive, making rights defenders daunting. If they resort to the law, security guards will also face the risk of being excluded from the local market." Chongqing Lingyuan Wang Zheng, a lawyer from the law firm, said, "If you can join organizations such as trade unions or industry associations, you can broaden the ways for security guards to protect their rights, and can effectively protect their rights while reducing the damage to the social relations of security guards."

  Industry insiders said that from the perspective of stimulating the development of the security service industry and making it better serve the society, the relevant government departments should improve the security service price policy as soon as possible, and clarify the pricing principles of security services and government-guided prices and market-regulated prices. specific range.

By improving the price policy system, it is ensured that security service enterprises can have sufficient funds to actively carry out security services according to service standards and requirements.

  "Worker's Daily" (November 03, 2022 Edition 06)

Wu Duosi