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Study On The Protection Of Labor Rights Of Migrant Workers

Posted on:2008-11-08Degree:MasterType:Thesis
Country:ChinaCandidate:Q LiuFull Text:PDF
GTID:2166360242464847Subject:Law
Abstract/Summary:PDF Full Text Request
Migrant workers have become a major force supporting China's industrialization. It cut a new channel between urban and rural areas in the running of production factors outside of the traditional system. It supplied streams of low-cost labor to the second and tertiary industries in filling the vacant positions in the manufacturing, construction, catering services and other labor-intensive industries. It made a significant contribution to the urban prosperity, rural development and the modernization of the state. However, the labor rights of peasant workers did not get the equal protection as those of urban workers. Labor rights are a right system consisted of the right to employment, remuneration right of rest, occupational safety, training, democratic management, collective labor rights, the right to social security and other rights. In this system, the right of employment is the basis and premise, because other workers' rights can not be realized without the right to employment. The right to return and the right to social security is the core, the collective labor rights and other rights are guarantee. In China, migrant workers are an integral part of the laborers, their labor rights are same as those of other laborers.The various chapters of this paper focuses on the migrant workers' right to employment, the right to wages, occupational safety and social security. The reason of the unfair treatment to peasant workers was analyzed. The dual urban-rural divisions household registration system, the reality of labor oversupply, the absence or faultiness of labor laws, regulations and policies, the inaction of law-enforcement agencies, the absence of collective labor rights of migrant workers are the main causes of the unequal treatment. The paper pointed out that the protection of labor rights of migrant workers is the protection of human rights, safeguarding social equity and justice and maintaining social harmony and stability needs. Therefore, in order to find out the solution to give attention to both the protection of labor rights of the migrant workers and the intrest of social development, the current legal system and policy system shall be perfected. If necessary, new policy of laws and regulations, such as the rapid lifting of the employment of migrant workers policy constraints, ensuring that farmers get reasonable wages, sound labor protection and labor inspection mechanism, safety control measures to ensure that the lives of migrant workers with health interests will not be harmed, mandatory inclusion of migrant workers to industrial injury insurance mechanism and the establishment of appropriate medical protection, classification established corresponding pension insurance system and special rescue support mechanisms shall be made to ensure that migrant workers' labor rights are protected.
Keywords/Search Tags:Migrant workers, Labor rights, Employment rights, Remuneration right, The Occupational Safety and right, The right to social security
PDF Full Text Request
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