Analysis In Terms Of Law On The Case Of ChenJin Labor Disput

With the rapid development of economy in our country, more and more of the transfer of rural surplus labor force to urban employment. There was a special group to appear. The migrant workers which play a huge role in our country's industrialization, urbanization and modernization have become a force of Labour market. But because of the influence of traditional household registration system caused by many migrant workers in cities prejudice and discrimination. Due to the influence of the household registration system in cities,peasan-migrants are prejudice by other people. Most migrant workers do what city people would not like to do. Defaults salary, overtime working, holiday overwork phenomenon common occurance. This case was one of them. On the one hand because of our country labor dispute limitation exists drawbacks, state-owned enterprise restructuring of laborer labor of regulation is slacked which caused violated to Chenjin and other peasan-migrants, on the other hand because of the social security system, labor dispatching system are not perfect and so on casued peasan-migrants' rights could not to be remedyed. Therefore this paper is discussed from the law, government, society and individual, etc.in order to guarantee peasan-migrants rights.This article was mainly discussed from the following three aspects.This paper first introduced the first chapter this labor dispute's the basic facts, and judicial decision and disputes focus in order to give readers a whole graspe of the case and paving the way for next steps.The second chapter is divided into three parts to analyse this case in details which involves Limitation of labour arbitration, the legal responsibility, factual work relation and labor dispatch problems. First, through the analysis of "the labor dispute arbitration mediate law" whether have go against the river and power for labor dispute which occurs befor the law. And we should protect migrant workers in judicial practice. Then from the laws, regulations and policies spirit and "stake holder" theory to analyze reform of the State-owned and their legal responsibility and put forward some concrete measures to protect worker labor rights. And then analyze the relationships between migrant workers and the company from factual work relation and lbor dispatch which existence factual labor to concern not labor relations conclusion. Finally obtained from the analysis of the importance of protecting factual labor and the accepting units and laborer for labor relations between both said. But in the concrete operation of the importance of should maintain relatively fair to realize tripartite win-win situation.The last chapter reveals this case which reflected the lack of migrant workers rights protection. And from the caseâ… put forward some opinions and Suggestions on limitation of labour arbitration,labor dispatch system, social security system and so on.