Study On The Protection Of Labor Contract Law For Migrant Workers Rights And Interests

After the Labor Law, the Labor Contract Law is a more perfect one which is anadjustment and specification of labor relations in our country. The Labor ContractLaw passed has extremely significance which accords with national conditions atthis stage, tostandardize the order of labor market, clarify the rights and obligations of bothsides, reduce the occurrence of labor dispute cases, protect lawful rights and interestsof laborers, maintain the social stability and prosperity. The Labor Contract Law hasobtained the remarkable result, for example,contract rate is increased betweenenterprises and laborers, the phenomenon of short labor contract is improved, therate of paying social insurance is increased, the management of labor dispatchbecomes more standard. Peasant workers as the disadvantaged groups of workers aredirectly benefit from the Labor Contract Law, their rights and interests got clear legalprotection. But in real life, the cases damaged peasant workers’ rights and interestsfrequently occur, which shows problems of legislation and implementation processfrom the Labor Contract Law. In the perspective of protecting peasant workers’rights and interests, the solution is given by analyzing the Labor Contract Lawlegislation and implementation process, which purpose is more comprehensive andwidely protecting the lawful rights and interests of workers.This article is divided into four chapters: the first chapter mainly explains theresearch background, significance, the research both at home and abroad, thethinking of writing and structure arrangement. The second chapter is the overview ofthe legislation and implementation of the Labor Contract Law, which includes thebackground of the law, legislation purpose and achievements from now on. In theperspective of protecting peasant workers’ rights and interests, the third chapterexplains the problems of legislation itself and implementation process of the LaborContract Law. The Labor Contract Law has certain defects of legislation itself,including deviation of legislative purpose, defects from contract, implementation and removing, fuzzy the legal responsibility of enterprise and so on. The problems In theimplementation of the Labor Contract Law mainly include that a labor contract isunfair, dispatching management is not standard, the implementation of labor contractis not standard, social relief is hard work, labor dispute cases gradually increased.This chapter also points applicable problems through case analysis of protectingpeasant workers’ rights and interests. The fourth chapter is a key point in theresearch of this article,and is also to solve the problems of legislation andimplementation process, as well as the protection of peasant workers’ rights fromsocial and their selves responsibility. Legislation perfecting makes peasant workers’rights security, be more efforts to promote the protection of peasant workers’ rightsand interests, to balance the contradiction of short contract and conclusion of thecontract, strengthen peasant workers’ right to know the rules and regulations of theenterprise, strengthen the management of labor dispatching, and legal aid, etc. Theprotection of peasant workers’ rights and interests also need to work together torealize the whole society and the migrant workers itself. It contains to strengthen thefranco-prussian education and the law publicity, improve the legal consciousness andsafety consciousness of migrant workers; it contains to strengthen professional skillsand production safety education, to assess risk, control risk; it contains to makepeasant workers joining guild and using the power of the organization to help itsrights and interests, etc.