Research On Protection Of Labors Rights And Interests Of Migrant Workers

With the development of our country, more and more people want to go for a better chance in big cities. Shanghai, as a leader of China’s reform and opening-up, attract a lot of field workers.Now, Shanghai foreign resident population accounts for the proportion of total resident population has reached as high as 40%. The field workers become the backbone of support for economic and social development in Shanghai. The field workers make contribution to shanghai, but at the same time, they also give the government lots of challenges. After the implementation of "The people’s Republic of China Labor Contract Law" and "PRC labor dispute mediation and Arbitration Law", in 2008. The labor dispute cases is sharp rising. At this year only Fengxian District labor dispute arbitration committee formally filed cases reached 1826, compared to the same period in 2007 increased by 232.6%. The field workers to labor dispute cases occupy an absolute majority. The warning that we must pay close attention to protection of labor rights and interests of field workers and the research of this problem is necessary and urgent.This paper has detail analysis of status, causes and problems between field workers and employers a and to explore the Countermeasures for further improvement. This paper has five parts.The first part introduces the background, research significance and the study on the protection of labor rights and interests of field workers at home and abroad. Andthis part also defines the related core concepts. The second part analyses the situation of foreign workers in Fengxian District mainly from the labor contract, the labor remuneration, social insurance work environment, female worker rights and interests, protection of labor rights and interests. The third part mainly reveals the problems of the labor contract, labor remuneration, social insurance, work environment, the rights and interests of female workers and other issues through analyzing the issues of foreign workers in Fengxian Distract and the typical cases. The forth part analyses the cause of problems of foreign workers in Fengxian District mainly from the foreign workers in Fengxian, employers, the government, society, trade unions and other factors. The last part puts forward rationalization proposals to further improve the protection of labor rights of foreign workers.This study suggests that the effective protection of the labor rights of migrant workers not only need to clear the government and employer’s liability, but also pay attention to the construction of their own knowledge and skills of foreign workers. At the same time, Governments and the relevant departments should give full play to their respective regulatory functions, and to guide and supervise the enterprises of all types of labor standard, so as to realize the construction of harmonious labor relations, to prevent and properly resolve the labor disputes, and create a good atmosphere for the purpose of investment.