Research On The Relief System Of Migrant Worker’s Salary Rights In China’s Construction Industry

Migrant workers in China’s construction industry have made outstanding contributions to the urban development, while the salary rights of them are severely infringed. Involved a large amount of money and a large number of people, with diversity and long time standing, salary arrears not only damaged the migrant workers’ survive rights and social order, but also ruined the legal dignity, government authority and social justice. It has become an important issue of our country and a common responsibility of our society to develop and strengthen the system of legal protection and rights relief of their salary. With the method of comparative studies, empirical analysis, logical analysis, and so on, this paper have constructed the substantive and procedural relief system to protect the migrant workers’ salary rights in construction industrial on the basis of interpretation of the cause of salary arrears.The problem of migrant workers’ salary arrears in construction industry arises from a deep historical background. a large number of farmers are employed in the urban after reform and opening up, whose professional status has an conversion from farmer to worker, but whose household registration status has no. then a group with distinct Chinese characteristics and wide implications emerged which called "farmer- worker". With the urbanization of china, especially the rapid development of china’s construction industry, the inherent characteristics of the construction industrial production and the system characteristics of migrant workers jointly determined the emergence of a large group of migrant workers, without becoming the real construction workers. The construction enterprises gradually strip the employment relations, and the labor contractor assumes the role of employer and has the responsibility for recruitment, management, supervision and payment of salary. As a result, migrant workers can not become workers in construction enterprises after the reform of construction enterprises’labor system.I found the cause of migrant workers’ salary arrears in construction industry at this stage in our country is complex. The primary cause of salary arrears is the absence of the employing unit, who has the main obligation of salary payment, which shows as the phenomenon of construction contract, the elongated chain of labor relations, and the false of employment relationship of labor law. As the abuse of local government credit, the super-finance construction the layers of contracting and the construction companies loaning, the construction market becomes lack of credit, and then the chain of funds become broken , and the salary arrears of migrant workers become a social problem. Fuzzy identity of migrant worker, which means both farmer and worker, who engages in paid work with salary income and has the land contractual management right in rural with the benefit of land contractual, this kind of dual protection of migrant workers in survival with salary and land actually make the arrears "fair and reasonable". The relief system of labor inspection, labor dispute arbitration and litigation does not play its due role, and the case of salary arrears is solved trough political channels frequently. In short, the legal liability of payment have not control the enterprises effectively.It is useful to solve the problem of migrant workers’ salary arrears in construction industry with information and reference that the general provisions of salary payment and the implementation method of salary rights in china’s Hong Kong and china’s Taiwan. under the comparative analysis of the legal system of salary protection in china’s Hong Kong, china’s Taiwan, this paper proposes that we should improve the physical protection of the migrant workers’ salary rights, exactly including the transformation from contractor form to employment relationship in construction industry, the forbidden of credit abuse of local government in construction program, the forbidden of construction enterprise loaning-fund development, the building of construction industry salary payment system, and the building of owing salary and escape criminal system. for perfect our country’s migrant workers’ salary rights relief system in construction industry, this paper proposes that we should deal with the salary arrears rationally through labor inspection, comprehensively manage the local government and its departments, introduce the system of punitive damages, improve the system of unions, and construct the simple and effective mechanism of dispute arbitration and labor trial.