The Protection Of Remuneration For Labor Rights Of Migrant Workers

With the deepening of reform and opening up and the market economy is booming,a large number of rural surplus labors are to leave the land into urban to look for jobopportunities. Since the birth of migrant workers, migrant workers issue isaccompanied and be born, migrant workers legitimate rights and interests of differentlevel land is missing, but for migrant workers, but also hurt the most migrant workersare most concerned about is the labor remuneration is malicious default, laborremuneration right infringement question.In this paper, the methods of empirical research, relying on the PeninsulaMetropolis Daily and Qingdao Daily reports of migrant workers labor remuneration,focusing on analysis of work experience and lack of Protecting Migrant Workers andthe way the Government to protect migrant workers the right to remuneration,throughanalysis of the cause of remuneration for labor rights violations of migrant workers,the improvement of the protection mechanism of payment for labor rights of migrantworkers is proposed.As a result of a nationwide problem of migrant workers rights byshowing the similarity, so this article on migrant workers labor rights protectionanalysis and conclusion can also provide some useful reference to other areas.The main contents include the following sections:Chapter I, migrant workers and migrant workers labor the right to remuneration.This chapter provides an overview of migrant workers to make a comb, the dualattributes of a private right of remuneration for labor rights and human rights. Thelabor remuneration rights as human rights in social rights for this attribute analysis,pointed out the obligations and responsibilities of Government to guarantee paymentfor labor rights of migrant workers.Chapter II, migrant workers on the labor remuneration to rights.This chapterdescribes the rational means of protection of migrant workers and non-rational meansof protection, focusing on non-rational means of protection for migrant workers, as well as the rights of migrant workers tend to take irrational reasons. By the finishingof the2007to2011, the Peninsula Metropolis Daily reported that migrant workerstend to taken exhausted, socially destructive, Suicide-like three non-rational means ofprotection can not effectively protect migrant workers remuneration for labor rights.Chapter III, the protection from the government payment for labor rights of migrantworkers. Human rights theory and the protection of vulnerable groups theory as thetheoretical basis and pointed out that the Government to protect the right of return ofmigrant workers labor deserve. This chapter summarizes the Qingdao municipalgovernment to protect to come Qingdao migrant labor the right of return by2010to2011, the Qingdao Daily reported finishing, including the government alone or incombination with law enforcement, open rights hot-line, established" migrant workerswages owed office solutions" and arbitration organs or courts to facilitate migrantworkers rights.The protection of migrant workers the right to remuneration for labortoo much rely on the year end of the year, government departments alone or in jointlaw enforcement, it does not fundamentally remuneration for labor rights protection ofmigrant workers.Chapter IV, the remuneration for labor rights of migrant workers affected byviolations of perfect reason and safeguard mechanisms. This chapter analyzes thereasons for the violations of the right of migrant workers labor remuneration,including the absence of legislation to protect the right of migrant workers laborremuneration, the employer hired the employee is not standardized, a shortage offunds, government law enforcement is not enough, the heavy costs of legalproceedings, migrant workers rights capacity is weak. Though analysis of violationsof remuneration for labor rights of migrant workers, this article suggests that toperfect the mechanism of protection of the right of migrant workers laborremuneration from the following three aspects:"Labor Law" in additional laborremuneration of migrant workers the right to protection mechanisms (including theestablishment of the Government of employing units normalized steering mechanism,establish a wage protection system, the establishment of migrant workers wages owedmechanism), the court actively to provide judicial remedies for migrant workers, increase publicity and education work.The innovation of this paper is that the material referenced in this article, andexamples from recent years, the Peninsula Metropolis Daily "and" Qingdao Dailyreports of migrant workers, the author through the collation of relevant reports, mastera lot of the farmers firsthand information on the work to ensure that the novelty of thematerial and arguments. In addition, this study suggests that the additionalremuneration for labor rights protection mechanisms for migrant workers,"LaborLaw" wage protection system, the establishment of the institutions directly under thesolution owes wages of migrant workers in all levels of government to solvelarge-scale movement of the end of the year the year the relevant governmentdepartments special law enforcement action to protect the problem of insufficientremuneration for labor rights of migrant workers, to further strengthen the protectionof remuneration for labor rights of migrant workers.