On The Right Of Migrant Workers Labor Safety And Health Protection Of The Law

Migrant workers are special phenomena during China'smodernization and urbanization process. The word "migrant worker"shows his identity as well as career. Migrant worker is the edging groupbetween cities and villages and is a special kind of social strata. Migrantworkers are the maximum victims of work accidents and morefrequently suffer from occupational diseases. They are a disadvantagedminority in working protection. The problems they are facing duringworking process are concerned by more and more people. Established inconnotation and current situation of right of work safety and hygieniccondition of migrant workers, this thesis deeply analyzes why the legalprotections work badly; and then proposes a few measures forprotections' perfection. The new views in this thesis include: First, toadvocate the reform of domiciliary control system to create a fairenvironment; Second, to specify responsibilities of training, andexporting governments, importing governments and enterprises shouldtake their responsibilities respectively; Third, to advise to reform thestandards of compensations for work injuries, take the average pay asthe lowest radix of compensations, in the meanwhile, consider the realpay of migrant workers, to decide a profitable radix; Fourth, to suggestthe reform of supervision institutions and personnel system; Fifth, tosuggest the establishment of new judicial settlement—either arbitrationor litigation, set up more convenient judicial procedures and enhancelegal aids for migrant workers, etc. This thesis consists of four parts:Part One aims at introducing the definition and characteristics ofmigrant workers. Starting with the historical backgrounds of migrantworkers' emergence, this part introduces the cause of their emergency,sums up some common points in scholars' views, and then brings up theauthor's understanding. The author considers migrant workers asworkers in the cities, who have working relations with enterprises andwork in second or third industry, with identities of peasants. They are influenced by traditional dualistic domiciliary control system and are adisadvantaged kind of social strata. They have characteristics ofpeasants as well as attributes of workers. Secondly, the thesis analyzesfive characteristics of migrant workers, including moving direction,types of jobs, education, incomes constitution and temporary existence:They are a large group with rapid increase and frequent movement,mainly float from underdeveloped areas to developed areas, and areusually detained for a long period; they have bad education and theirentirety qualities are low; the incomes from being workers are theirmain incomes. They are products of identity division, so as theabolishment of this division, "migrant worker" will disappear. Therefore,their existence is temporary and short.Part Two illustrates the current situation of migrant workers in legalprotection of the right of work safety and hygienic conditions. Ourlegislation clearly provides workers' right of work safety and hygienicconditions. As a part of workers, migrant workers should have this right.This part, first introduces connotation of this right, including the right togain necessary working conditions and protection articles, the right toparticipate decisions about work safety and hygienic conditions, theright to gain information about work safety and hygienic conditions, etc.Secondly, this part illustrates the current situation of legal protection.Migrant workers, as workers, are protected by our legislation. Somelocal governments even have some policies and regulations to giveparticular protection to migrant workers. However, there are fiveproblems in reality. The thesis offers the details.Part Three aims at analyzing causes of bad protections. There aredifferent views in the academic circle: some people regard theadministration system under the dualistic social structure as the maincause; some think that it is due to migrant workers' themselves-their lowquality and bad protection consciousness; some consider flaws inlegislation as ultimate cause, etc. This thesis analyzes the causes fromlegislation, enforcement and jurisdiction. Some current laws and regulations are unreasonable, not specific, having flaws and at low level,thus the protections are weakened. The problems in enforcement,especially local inappropriate protections, lead to enforcement defects.While, blocks in judicial solutions even cause the last line of defence togo collapse.Based on Part Three, Part Four illustrates the necessity andimportance of perfection: migrant workers contribute a lot to socialistdevelopment. The perfection is an important step for solutions of threeproblems about peasants, a necessary request of protecting human rightsand achieving social justice, furthermore, an inherent need ofeliminating social conflicts and constructing harmonious society.Subsequently, the author brings up a few suggestions, correspondingwith three kinds of causes. In legislation, we should make current lawsand regulations perfect in order to form a scientific legislation, however,it is unnecessary to make particular laws for migrant workers. Inenforcement, we should reform enforcement system and enhancesupervision. In jurisdiction, we should reform judicial procedure andjudicial system and establish more convenient and efficient approaches.