Research On The Legal Countermeasure Of Resolving The Difficult Forensics In Pay Talks By Migrant Workers

For a long time, in labor disputes handling work there are "three problems",Namely "Obtaining evidence hard","Pursuiting difficult " and "Chasing compensationhard". The author thinks that " Obtaining evidence hard " is the hardest and the mostcritical problem, and also the precondition of accountability for Compensation.Forensics have the biggest influence on quantifying and determining the nature of theillegal act. Without the evidence, it will be difficult to dun for debt, even not to mentionchasing compensation. therefore It is of great importance for improving the level ofinvestigation on labor disputing cases, determining back pay responsibility,intensifying efforts in fight against the back pay, and maintaining the normal order ofeconomics and society, through solving the problem of "Obtaining evidence hard ". Forreason mentioned above, in this paper, combining the labor dispute cases, in-depthanalysis of the status quo and characteristics, causes of migrant workers "hardevidence" question, are done, and the countermeasure that solve migrant workersforensics difficultly explored and researched actively.This paper is mainly divided intothree parts:In first part, the characteristics of obtaining evidence hard including the absence oflabor rights of migrant workers， inequality of obtaining evidence， large economic andtime pressure on protecting right，status quo of mutual prevarication of departments ofgovernment departments, large number of cases needing obtaining evidence， tendencyof litigation,are raised through the caseIn the second part, the reason of obtaining evidence hard are analyzed in theaspects of companys’ management disorder, lacking human resource managementpersonnel, labors’ less received education lack of certain knowledge of law andgovernments’ invalid responsibilities, low quality of law enforcement personnel, theimperfect laws and regulations.In the third part, how to improve the channel and way that the rural migrant workersobtain evidence and preserve evidence are researched, mainly from the aspects oflegislation, judicial and administrative research, in order to dissolve the difficulty ofevidence collection that the migrant workers are run into when not paid, to safeguardthe legitimate rights and interests of laborers.