The Mechanism Study On The Labor Union’s Safeguarding The Legitimate Rights Of Rural Migrant Workers In The New Era

The Modern Labor Union is not only the product of capitalist industrial civilization in Western countries, but also the product that the Working Classes organize jointly to fight with those representing capital in order to pursue individual interests. It is the social groups that safeguard and represent the interests of the workers. Chinese Labor Union is the product of the socialist system. It has some essential differences from the other unions, for it adheres to the leadership of the Chinese Communist Party and is a legitimate political social organization in our country, which functions as a bridge in the link of the party and worker masses. The main mission of Chinese Labor Union is closely related to the historical mission of the Chinese Communist Party. In contemporary society, the Chinese Communist Party’s main mission is to lead the whole nation to create a prosperous, democratic, civilized and harmonious modern socialist country. With the development of reform and opening up and the construction of the socialist market economy, the relations in interests is becoming more complicated as well as the number of contradictions in interests is increasing gradually. The Laborer is a vulnerable group in the Labor Market, so they are in an urgent need of the power of an organization to express and safeguard their legitimate rights and interests. As a political mass organization, the Labor Union should take the initiative to assume this responsibility to do some reforms and transitions and regard the safeguarding rights as their own main responsibility.With the rapid development of social economy, the social classes are splitting up and changing continuously, producing a new type of labor force—rural migrant workers, who make great contributions to our country’s urbanization and modernization. However, their legitimate rights and interests, especially the ones in the urban labor economic, cannot be guaranteed properly, which leads to some radical individual practices and collective actions so as to effect the development of economic society and the stability of the social orders. In fact, rural migrant workers who are engaged in non-agricultural industries and see wages as the main source of income have all the qualities of the working class and have become a new type of industrial workers, so they are part of the working class. It is lawful for the Labor Union to safeguard the rural migrant workers’ legitimate rights and interests: the Labor Union is one mass organization of the working class, which represents and safeguards the rural migrant workers’ legitimate rights and interests. What’s more, The Labor Union’s essential characters provide a theoretical basis for that; It is officially confirmed in National Documents that the rural migrant workers who rush into the cities are one of the important parts of industrial workers, which provides a legal basis for the rural migrant workers to apply to labor laws and regulations; The rural migrant workers are the periodic products in the course of industrialization, urbanization and modernization in China, so the inevitable development of society provides a social basis for the Labor Union to safeguard the rural migrant workers’ legitimate rights and interests.In recent years, led by the Chinese Communist Party, the Labor Union is actively exploring innovative institutional arrangements, working mechanisms and the Labor Union’s modes of rights protection which are suitable for the rural migrant workers. Thus, they have gained a lot of typical experience and have achieved great positive effects on the rights and interests protections for the rural migrant workers. Overall, however, the current situation of the rights and interests protection isn’t optimistic. There are still some problems such as the low probability for the rural migrant workers to enter the Labor Union, a lack of measures to wage rights protection and the unsatisfactory effects on rights protection. At the mention of its reasons, there are multiple factors for the Labor Union to face predicament of rights protection. First, there is a role conflict between dual identity and dual protection; Second, the Labor Union and the Labor Law are not perfect, there are some problems such as obvious hysteresis, poor operability, complex rights protection procedures and a lack of relief measures; Third, there are also some problems in the union system designs, for example, the current organization system of the Labor Union is difficult to adapt to the characteristic of the rural migrant workers’ liquidity, the personnel system and economic system of the Labor Union is not independence; Fourth, that the enterprises carry on the resistance and profit-driven rejection to the Labor Union’s formation comes into effect; Finally, it is difficult for the Labor Union to play a successful role because of the characteristics of the rural migrant workers including their liquidity, poor consciousness of law and low recognition in the Labor Union. Faced with these factors, the Labor Union must take some targeted measures so that they are likely to improve the path of safeguarding the legitimate rights and interests of the rural migrant workers and enhance the effects of rights protection. Under the current political system, the labor union could take these measures to improve the current situation. First of all, the union is expected to correctly define the role of the labor union, then straighten out the relationship between the union and the party or the government. Secondly, the union is expected to strengthen the source rights protection to promote the union system and the union mechanism innovation. Thirdly, the union should reform the union system to promote the union function transformation. Finally, it should explore the rights mechanism innovation to safeguard the legitimate rights and interests of migrant workers.