A Study Of Legal Protection For The Right To Rest Of Migrant Workers

Migrant 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 right to rest of migrant workers is defined by the Constitution and the Labor Law as the basic rights of workers. Research on the right of rest is on the leading position in the modern study of labor rights in the international community, but China lags behind the international trend. The Constitution and the law have perfected regulations on the right of rest, however, all of the regulations have not been implemented yet. In reality, the situation of the right to rest of migrant workers is violated by employers is serious. It is quite common to see such phenomenon:no holidays, the emplers prolonging the migrant workers’working hours casually, reducing and delaying migrant workers’ wages and deaths from overwork. The reasons for the situation is that the laws and regulations are enacted imperfectly; both employers and employees are not aware of the right of rest; government officers are insufficient in the law enforcement and lack of actually imposing sanctions. Migrant workers are an important component of industrial workers in our country, they has made tremendous contributions on our Economic development. Therefore, it is of great significance to do some research to perfect the protection system of the migrant workers’right to rest. To protect the right to rest of migrant workers, we must improving the protection system under the legal framework and analyzing the implement of migrant workers’right to rest, also the administrative law enforcement must be reinforced, to impel the reformation of the household registration system is a radical measure to strengthen the legal protection of migrant workers’right to rest, apart from this, the power of the Union must be made full use of. It is an important way to achieve the fairness and justice and a harmonious society that to perfect the legal protection of migrant workers’the right to rest. A single law has barely influence. The foundation of carrying out the laws is to improve the legislation system. Managing a truly harmonious society needs the participation of the whole society.