A Research On The Labor Rights For The New Generation Migrant Workers

Migrant workers in China is a special group which was formed during the agriculturalsurplus labor transfer process as a result of the Reform and Opening-up policy. With thedevelopment of economy and social change, migrant workers is no longer a highlyhomogeneous group, but has realized the generational change. The new generation of migrantworkers（NGMWs）,60%of which were born in the "80s" and the"90s", is playing a moreand more important role in China’s economic and social development.Compared with the first generation of migrant workers, the majority of this newgeneration is better educated, active in thinking, and obviously more conscious of their legalrights. However, because of various institutional and legislative reasons, their labor rights arerepeatedly violated, for example, the right of equal employment, the right of remuneration forlabors, and the right of rest and vacation are not guaranteed and the right of social security isabsent.If these problems are not solved, not only the realistic interests of these new workers’will be harmed, but also China’s economic development and social stability will be affected.Therefore, it is of great significance to study the existing labor rights problems and findout the reasons so as to decide what countermeasures should be taken. Thus, the thesis isbased on this background, trying to seek truth from facts on the Labor Right ProtectionProblems for the new generation of migrant workers.The thesis includes four questions in the following:The first question focuses on the analysis of the common features shared by the newgeneration migrant workers. It is based on the investigation of NGMWs in Xingtai andrelated documents. Five features of these workers are summarized: young age; bettereducation; higher career expectations; more material and spiritual demand; enhancedawareness about labor rights protection. The purpose of summing up these characteristics isto provide a reasonable target for the solving of the problems.The second question investigates the existing problems in the protection of labor rightsfor the NGMWs. Four problems are discussed. The first problem is that NGMWs’ labor rightsare not guaranteed including the violation to the right of equal employment, the right of payment, the right of labor safety and the right of rest and vacation; The second problem isthe lack of social security; The third problem is that vocational training is not guaranteed; Thelast problem is the difficulty to claim their rights.The third question analyses the reasons why NGMWs’ rights are violated: the dualhousehold registration system of urban and rural areas; the imperfection of current lawsystem; the weak function of the present rights-protection-organizations; and the causes ofNGMWs themselves.The fourth question proposes the measures to ensure the rights for NGMWs: deepeningthe reform on the urban-rural household registration system; building up multiple legalguarantee system; establishing and unifying the rights-protection-organizations; improvingthe NGMWs’ professional skills and legal quality.In the conclusion, the author stresses once again that maintaining and protecting theinterests of the NGMWs is not only vital to NGMWs but also to the overall construction ofharmonious society and the country’s socioeconomic development. This thesis calls for thehigh attention and effective solutions of the government, all levels of organizations as well asNGMWs themselves to these problems.The thesis uses the literature review method, comprehensive analysis method,questionnaire and interview methods, combined with the existing documents to study thereasons and then to propose the solutions to labor rights protection issues of the NGMWs,intending to provide some references to related departments.The author does everything inher power to construct a stable, healthy and harmonious society.