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Research On Work Right Protecting Of Chinese Peasant Laborer

Posted on:2007-12-23Degree:MasterType:Thesis
Country:ChinaCandidate:J Q ZhaoFull Text:PDF
GTID:2166360182988902Subject:Economic Law
Abstract/Summary:PDF Full Text Request
"The peasant laborer" namely the worker which has the countryside registered permanent address actually in the cities work." The peasant laborer" is one kind of unique union of "the farmer" which is kind of status and "the labor" which is kind of professional. Currently on the one hand is the economical development and the urbanized construction needs the peasant laborer positively to participation, on the other hand is actually the city because of all sorts of reasons cannot open wide the mind to admit these peasant laborers, which causes "the peasant laborer" to be edge out of the community.The peasant laborer question was in recent years the new question which came out along with the market economy development, but the very many existing legal laws and regulations were formulated in the planned economy time or the market economy initial period, to developed the new question solution which met to appear somewhat has too many problems to tackle, on protection to the peasant laborer rights and interests was so. This causes peasant laborer community many rights all to be at extremely easily the condition which encroaches, frequently by for no reason back pay, relaxation time safeguard and so on. How can guarantee this community not to be discriminated in the city, not by the back pay, as well as the labor safety obtains the safeguard, how will strengthen to the peasant laborer right to work legal protection work will be in the near future a legal science research important topic. The author consults the related literature material, Use the census data, combine through theory with practice, method of comparative analysis, divide into three part maintain current situation to rural worker right of labor, insufficient and reason analyze, try to propose some settlement countermeasures.The first part of article is mainly to define the concept of right of laborer and content of rural worker's right of laborer, the article thinks the content of rural worker's right of laborer includes employment right (the right of labor ), labor remuneration right, have a rest right, labor protection right, job training right, socialsecurity right, labor dispute handle right, organize right content, right of trade union and right ,etc.Part two describe rural worker right of labor current situation, maintain enough analysis of acting as to right of laborer. The article thinks rural worker's right of laborer is often infringed seriously at present, and analyze and sum up to the reason why this result emerges, think the main reason lies in: 1.Related administrative non-performance of functional department;2.Regional protectionism;3.Existence of the system of the discriminatory household register;4.Arbitrate and strengthen the cost of solution to disputes leadingly;5.Labourer's strike right omission;6.Trade union of the lame foot;7.The cost of Enterprise's illegal is too low.Part three Carry on countermeasure analysis to the question that the second part is put forward, it puts forward to be can through lead into administration ask responsibility system, reform existing household register system, preventing regional protectionism , improve "the trade union law", give trade union strike right, and other relevant rights , revise "laborer law", increase the clause of the punish as the legal liability of doing one's best functional department, impel these departments becoming public departments that serving the people, canceling pre-procedure in labor dispute arbitrate ,to maintain the labor right of rural workers.
Keywords/Search Tags:peasant laborer, work right, obligation on administering authority
PDF Full Text Request
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