The Analysis Of Employment Discrimination Of China’s New Generation Migrant Workers

With the deepening of the Reform and Opening up andsocialist market economic system gradually perfect, themigrant workers gradually become a new type of labor force withChina’s economic and social development in the process ofindustrialization and urbanization. They become the freshblood of working-class team. They are an important part of them.They made a positive contribution to the economic development.As time goes by and with the development of the society, thereis new change in migrant workers problem. New generationmigrant workers appear. They are also known as the secondgeneration migrant workers. They are a special group becausethey not only cannot return to rural areas, but also cannotbe integrated into the city. Their final status is no longera farmer, but workers and citizens.The identity of the new generation migrant workers defineddepends mainly on the five elements. The first one is the age factor, the second one is the intergenerational relationelement, the third element is the he household registration,the fourth element is profession, the fifth element isintention. New generation migrant workers are mainly supposedto be the generation who were born after the1980s. In the30-year period of Reform and Opening Up, migrant workers hasbasically completed the intergenerational alternation, thesecond generation migrant workers inherited “farmers”identity from their parents. But most of them have noexperience in agricultural production, lack the basic skillsof agricultural activities, so they have difficulty inreturning home. New generation migrant workers in cities areengaged in the profession related to modern economicactivities. They know the laws of the business and are ableto follow the economic law. In addition, the second generationmigrant workers have higher expectation value to the city thanthe first generation migrant workers, they desperately wantto be able to live in the city for a long time, and to seek better development in the city. The current householdregistration system in our country make them have doubleidentities. It is this double identities made them wander inthe edge of the city. It is difficult for them to be integratedinto urban society. In real life, migrant workers employmentdiscrimination phenomenon is widespread. For example, typesof profession that migrant workers can be engaged in is limited,most are concentrated in the dirty, tired, bitter industry;Urban workers’ labor treatment is often higher than thetreatment of migrant workers, what’s worse, situation of wagearrears for migrant rural workers often happen. Employmentdiscrimination of migrant workers not only infringes upon theright to survival and development, but also became a bigobstacle in the process of the urbanization construction inour country. Our country law stipulates citizens shall enjoythe right of equal rights and employment, equal employmentright is a combination of the two rights. it is the premiseand foundation of social citizens’ right to survival and development in a democratic society. It is also the basicrequirement of human rights and a logical extension of theconstitutional equality. New generation migrant workers’equal employment right is not only related to farmers’ income,but also related to social harmony and stability and thedevelopment of social economy.In the introduction, this article combed the change of ourcountry’s policy in recent decades and the evolution of themigrant workers, to settle China’s rural labor mobilitymanagement policy development vein. In the past years, we havestrict limits on rural labor flow to cities, but with the needsof the development of society, the country started to open the“gate”, the rural surplus labor flow to cities gradually.Migrant workers have contributed important strength to urbandevelopment, but it’s not fair for them to share theachievements of social development. And then this articlediscusses the concept of new generation migrant workersemployment discrimination in order to define the employment discrimination. And using the method of quantitative analysisand comparative analysis, this article introduced the realityof new generation migrant workers employment discrimination.In the third part, the article discusses the value basis andlegal basis of the elimination of new generation migrantworkers employment discrimination. They are the theoreticalfoundation to eliminate the new generation migrant workersemployment discrimination. This article emphatically analyzesthe law reasons of migrant workers employment discrimination,mainly include the limitation of the household registrationsystem and employment system. The household registrationsystem is the root of the inequality, the householdregistration system sets up a shield between migrant workersand the city. If the shield is not eliminated, the supportingemployment system would be affected, migrant workers equalemployment right couldn’t be guaranteed. Finally, the articleput-s forward some legal countermeasures to eliminate the newgeneration migrant workers employment discrimination, trying to improve migrant workers employment discrimination problemsfrom the legal level and make the pace of reform more deeply.