Studies On The Protection Of The Rural Migrant Workers' Rights And Interests In The Construction Industry

With the deepening of reform and opening-up and the accelerating of industrialization and urbanization ,a large amount of surplus rural labour goes into town for work. Although they are farmers, they are engaged in non-agricultural labor as the main source of life, which forms a special social group - "migrant workers".However, in the actual life, the protection of the migrant workers'rights and interests and their contributions to the economic and social development do not adapt.They lack the basic guarantee and their lawful rights and interests are often infringed upon, such as salary, unemployment and social security issues, etc. It is not only harmful to their interests, but also brings great danger to the social stability, having become the bottleneck restricting sustainable development of China's economy. Studying on the migrant workers'rights and interests and eliminating all kinds of discrimination to them has become an important issue concerned by the whole society.The problems on the construction industry migrant workers'rights and interests protection has caused great attention by governments at all levels and all circles of the society. Based on the actuality of construction industry peasant-workers'lacking rights and interests in Tai'an City, this article mainly talks about the protection of the rural migrant workers'rights and interests in the construction industry. The author thinks that in recent years, governments at all levels are very concerned about the protection of the migrant workers'rights and interests ,have adopted a lot of active measures and made great achievements, but the migrant workers'lawful rights and interests have not yet been fully and effectively protected, and the events encroaching on the migrant workers'rights and interests are still common. Based on the on-the-spot survey in Tai'an City, Shandong Province, the article first analyzes the cause of migrant workers'appearance and the existing state of the shortage of their social security rights and interests. Then analyzing the following aspects as the household registration system, employment, payment, skills training and social security interests, it finds out the causes of the shortage of migrant workers'rights in the construction industry, which are mainly due to system, legislation, people's concept, finance, social security system as well as the rural migrant workers themselves. Finally the article reaches the measures to solve the above-mentioned problems. As many scholars have studied the problems of the rural migrant workers'rights and interests guarantee, this paper focuses on analyzing the protection of the rural migrant workers'rights and interests in the construction industry. In the study, this paper values the combination of theory with practice, statistical analysis with case analysis.Conclusions:(1)Reform the former rnethod of separating town from country, and implement harmony strategy for rural and urban household registration system,(2)Reform the existing employment system, and set up a mechanism that ensures equal employment opportunities for both urban and rural residents(,3)Perfect the existing legal system, which includes: establishing the intermediary company, making rules to protect salary, perfecting labor contract system, strengthening the administrative law enforcement, improving labor union laws and strengthening the migrant workers union(,4) Perfect the judicial system, including: implementing summary procedure, reducing the cost of litigation, conducting the burden of proof and establishing migrant workers aid system,(5)Strengthen skill training and education,(6)raise the migrant workers'level of, including: strengthening their legal awareness , improving their rights consciousness and establishing the migrant worker union to maintain their own rights and interests,(7)Establish the social security system for migrant workers, including: the inductrial injury insurance system, the migrant workers medical insurance system, the migrant workers unemployed security system and the endowment insurance system.