The Research On The Problem Of Migrant Workers’ Rights Under The Labor Law Perspective

Since the reform and opening up, the technology of production in China continues to progress with the economic reform of rural promoting, so a large number of rural surplus labor emerges. At the same time, with the rapid economy development of China’s southeast coast of the urban, the demand for labor has increased dramatically, so that a large number of surplus labor in rural areas gradually into the city, forming a special group-migrant workers. They ease the city’s labor shortages on the road to industrialization, providing the secondary and tertiary industries plenty of cheap labor, thereby speeding up the process of China’s socialist modernization. However, these labor forces from the countryside are in a very awkward position in the cities.they did not get rid of "farmer’s hat",and had never been fully accept by the city that they working and living in. For in a weak position, their rights and interests such as employment, social security and other interests are extremely serious violated. As their approaches to safeguard are limited, it often appear extreme rights of events of migrant workers. Rights of migrant workers has been a problem that the country, academics and the media concerned about a lot, handling of this issue also related to the development of national economic and social stability. This paper, in the context of the country to build a harmonious society, with the national labor law as the basis, uses the questionnaire survey and interview, combined with the actual situation in the country, to extract some of the typical problems to study and analyze. It further explores the obstacle factors leading to the current maintenance of migrant workers rights issues, and combined with China’s labor law-related documents and related policies and regulations to put forward targeted countermeasures and suggestions.The full text gets the current several emphasis on Protecting Migrant Workers through questionnaires and interviews:employment, remuneration, social security, labor contracts, costs of rights protection. According to these typical rights protection of migrant workers, this paper analyzed the impediments of rights, guiding effective ways for the migrant workers to solve many problems in the current framework of the labor law, so that to resolve farmers workers rights "difficult" issue in accordance with the relevant documents of the Labor Law. Finally, this paper proposed countermeasures and suggestions in the framework of targeted labor law from five aspects (legislative, institutional, law enforcement, legal literacy, legal aid),and used success of rights cases to prove the validity of the labor law rights countermeasures.