Study Of China's Migrant Workers Unemployment Insurance Laws

Since the reform and opening up, flood of rural surplus labor have poured into the force prices higher and more developed areas. These people engage in the work that does not differ with urban industrial workers, but in our current management of the urban-rural household registration system, they still maintained a rural household registration, so we gave them a special title-"Migrant Workers".They have made tremendous contributions to our country's socialist modernization. But on the other hand, they have been excluded from our existing urban unemployment insurance system for a long time, and even some basic rights are not protected. Hazards of this situation is particularly prominent under the background of international financial crisis which led to large-scale layoffs because of labor-intensive enterprises'closure along the coast.Guaranteeing the Rights of Migrant Workers has been a prominent contradiction in the process of building a socialist harmonious society at this stage, but also a serious problem to test the party's ability. This is contrary to the social security system's principle-fair and just, .but also completely dissymmetrical with contribution of the rural workers. The discrimination and unequal treatment in their city's social and economic life can always be the source of social crisis and turmoil and be likely to cause a series of complex social problems. These have become one of the factors of disharmony in the process of building a harmonious society. Therefore, unemployed protection of migrant workers has become a problem that can not be ignored.The following thesis uses the means of historical analysis, survey analysis, literature analysis to study the issue. Through analyzing and comparing with the History of unemployment and the development of Unemployment Insurance in China, and with the field research carried out in Mianning County of Sichuan Province, the following article finally integrated the literature to give some suggestions on China migrant workers unemployment insurance Legal System.Thesis text is divided into four parts:PartⅠ:the basic unemployment insurance problems of migrant workers. There are two layers of this part of the content. The first describes the historical origin and the definition of unemployment, the unemployment insurance system, the basic theory and development of Unemployment Insurance in China. The second is describes the basic theoretical and practical issues of migrant workers and unemployment of migrant workers.PartⅡ:the value and practical significance to build and improve the migrant worker's legal system of unemployment insurance. There are two layers of this part of the content. Firstly,to discuss legitimacy of implementing the migrant worker's unemployment insurance. Second, to discuss the urgency of implementing the migrant worker's unemployment insurance from a realistic perspective.PartⅢ:analysis of the status of migrant worker's legal system of unemployment insurance. There are two layers of this part of the content. First, to describe the current status of migrant worker's the legal system of unemployment insurance and the two practice models. Second, to analyze reasons to lead to this situation from the view of legislative point, view of policy point, view of the manager point and view of the two sides in labor contract.PartⅣ:the basic ideas to build and perfect the legal system of migrant worker's unemployment insurance. This section has three main contents. The first layer is choosing the current model of the unemployment insurance for migrant workers. Based on the described and the assessment of current major social insurance model, the author summarizes the transition mode of migrant worker's unemployment insurance------multi-dimensional model. That is,migrant workers will be divided into three groups by the level of integration with city. Each group will be treated with different modes of unemployment insurance. The second is he basic way of the migrant worker's unemployment insurance. That is, to establish a unified legal system of unemployment insurance. With national laws to improving the design of the current unemployment insurance system, we will achieve a goal that makes the migrant workers and urban workers enjoy equal rights and equally performance the unemployment insurance obligations. Firstly article discusses the principles and value-oriented of this system, and then makes three specific recommendations to the construction of this System (1) protection object of unemployment insurance (2) Unemployment Insurance Fund and its regulation (3) payment of unemployment insurance benefits. The third layer is to establish a protection mechanism of unified legal system of unemployment insurance.