Labor Rights And Interests Of Migrant Workers Legal Protection

Off-farm workers is the special conception in transformation period of economy and society in China, which means the group of people who has the identifications and contracted farm land in rural areas, but get the salary from non-farm jobs. The specific meaning is only pointing to the people who employ the job in cities crossing the region. In generalized way, the off-farm workers are the people who employ the job in cities, usually crossing the region, including the rural labors join in the secondary and tertiary industry in the region of county. Off-farm workers have made the magnificent contribution to the social development in China, and they have already become the part of worker class in modern time.The labor rights and benefits are the rights and benefits which the Administration Law and Labor Law said, and guaranteed by the labor agency and Criminal Law. It is the specific role that the off-farm workers enjoy as a labor; also it is a kind of benefit, freedom, qualification and ability connected with labor. It is shown as the rights and benefits of employment, getting the salary, holiday, vocational safety, professional training and social guarantee. In resent years, the central party, the central government and all local governments have pay more attentions to the rights and benefits of off-farm workers. The development of social guaranty work has got more achievement. It is shown as the following parts, the employment rights has been guaranteed, the promotion of legal consciousness and rise of labor contracts signing rate, a little higher salary then before, take more care about social insurance, more enterprises have the professional training before join in the work, half of the enterprises set the labor rules and have been accepted by the off-farm workers, administrative execution of labor agency has played more important role and Labor Contract Law has more detail rules to protect the legal rights and benefits of the off-farm workers. But in practice situation, the condition is not really satisfied and the damage for the rights and benefits of the off-farm workers really made us worried. For example, the limitation of employing rights, damaging for the labor payment rights, uncertain for the resting right, the absence of basic social insurance, the poor condition of safety and working place, the seldom labor welfare.There are three problems for the legal guarantee of labor's rights and benefits. One is the implement of legal institution system about guaranteeing the labor's rights and benefits; the blank of legal system has made the off-farm workers hard to suit when their rights and benefits had been damaged, and the current legal institution is not very clarified and push them to the edge of non-legal world. Secondly, the cost to defending the rights is so high for them, the discrimination has always been, and the some employer agency has the poor managing system. The self-defending ability is too weak to get the dispute relief. Thirdly, the administration execution does not work well, the governmental managing and functional transfer are all absent. There is no enough guaranty to protect the off-farm workers.To perfect the legal guaranty for the labor rights and benefits of the off-farm workers, some work should be done. Firstly, institute and amend the law of guaranteeing the rights and benefits of the off-farm workers, amend the Constitution Law concerns about the off-farm workers, institute the Off-farm Workers Rights and Benefits Protecting Law, clarified the Labor Law, perfect the Labor Contract Law, perform the collectivity contracts system, punish the activities of back salary seriously and perfect the social insurance system. Complete the judicial guaranty mechanism, solve the labor dispute case right way and set up the legal aid system to guarantee the off-farm workers rights and benefits. Thirdly, enforce the legal power of guaranteeing the labor rights and benefits. At last, rise the self-defending consciousness and set the perfect fashion of concern and respect the off-farm workers. At the same time, enforce the cooperation between the different departments and solve the problems of defending the rights and benefits.