Research On Legal Protection Of The Employment Rights Of Migrant Workers

The most of migrant workers are engaged in physical labor that needs lowtechnology content and great strength, such as building industry and transport industry.Due to the existence of urban-rural dual economic structure and the householdregistration system, the employment rights of migrant workers are vulnerable to bediscriminated. Because of the particularity of employment rights, so the law should begiven special protection. The employment rights of migrant workers are a right system,and its contents are connected. In this system of rights, equal employment rights are thecore of the employment rights of migrant workers. The protection of the rights id thepursuit of equality and justice of legal value is the foundation for maintaining socialstability.In our country, the laws about protection of migrant workers are existing, but notperfect. The constitution is the core of the legal protection system, and other labor lawsare its main contents. But there are many local laws exclude migrant workers.And thereare also many problems in the process of effective protection. The author thinks that themost fundamental reason is the three points, the first is the hierarchical view of identity,the second is the urban and rural household registration system, and the last is the low ofrights consciousness.The migrant workers are a peculiar phenomenon in our country, which does notexist in any foreign countries. The focus of employment discrimination in internationallaws and other countries is the equal employment rights of workers. The violations of theright to equal employment are the main aspect, so there are positive significance oflearning foreign legislation and practical experience. Perfect legal system can avoid theholes. Professional laws of anti employment discrimination are an important role torealize rights.The improvement of the legal need the cooperation of each other. The mostimportant is to establish the migration freedom, and to promote the reform of thehousehold registration system step by step. At the same time, to eliminate thediscriminatory provisions in labor law, formulating special against employmentdiscrimination. Clear the labor department’s administrative authority and set up the equal employment opportunity commission. Perfect the judicial system and decrease the cost ofrelief.