A Study On Laborers’ Rights And Interests Protection In Special Labor Relations

With the development of economic, new labor model has appeared constantly with new labor disputes in recent years. According to current laws and regulations in China, there are many ways for laborers to solve their disputes and many departments for them to apply. However, the current situation of protecting laborers’ interests is not positive. Current labor laws and regulations can’t adjust the labor disputes in the new labor mode for the backward legislation, such as construction subcontracting, vehicles affiliated business, labor dispatch, part-time employment and other special labor employment mode. The labors’ rights and interests protection has become focal problems in society. Meanwhile, the labor disputes handling organizations haven’t formed a unified cognition and concept for construction subcontracting, vehicles affiliated business, labor dispatch, part-time employment so that the results of labor disputes handling in different areas are totally different. Because of the backward legislation, non-adjustable current laws and non-uniformed legal cognition, not only the authority and credibility of laws are severely damaged and labors’ admiration towards laws is weakened, but the social instability is increased, the process of ruling by law is interpreted and the social stability, harmony and development are also influenced.Worse, most laborers in our country have a weak legal consciousness and lack legal knowledge, especially those included in the special labor relations such as construction subcontracting, vehicles affiliated business, labor dispatch and part-time employment. Most laborers are from villages and just graduate from junior or senior school. Some even don’t finish their primary school. Their experiences of education lead to their weak legal consciousness. Now that they have no legal consciousness and legal knowledge, and they don’t believe and rely on law. When rights and interests are infringed, laborers dare not and can not protect their rights and interests by using laws. It increases the arrogance and fluke mind of employers invisibly so that the difficulty of other laborers’ rights and interests protection is increased, the courage and belief of protecting rights and interests by laws are attacked severely.The article is written from the basic contents of laborers’ rights and interests. The author researches and discusses the current situation and problems of laborers’ rights and interests protection from the concrete cases of construction subcontracting, vehicles affiliated business, labor dispatch and part-time employment. To improve our mechanism of laborers’ rights and interests protection based on our specific national conditions, the specific contents are as follows. First, in legal cognition, the legal concepts of factual labor relations, employers’ rights to know, part-time laborers should be unified. Next, in legislation, legislation should be established. The existence of factual labor relations in construction subcontracting and vehicles affiliated business, employers’ rights to know, laborers’ rights to take a rest and holiday and rights to labor reward should be confirmed by legislation. Then, in execution and judicature, what need to do is to act by law. Lawbreakers must be prosecuted. That is, the administrative department of labor should act by law and execute strictly. The arbitration commission of labor and personnel affairs should adjudicate under law. People’s Court should just judiciary. Last, in law-abiding, the concept of advocating laws should be established. The laborers’ legal consciousness should be improved so that laborers can and dare regard laws as their arms to protect their rights and interests. In short, the article is written from legislation, execution, judicature and law-abiding. The protective mechanism of laborer’s rights and interests in our special labor conditions should be improved so that it can provide legal support and lawsuit safeguard to laborers and then the protective mechanism of laborer’s rights and interests which includes definite legislation, strict execution, judicial justice and scientific law-abiding should be established. Then the laborers’ rights and interests can be scientifically, reasonably and legally achieved and put into practice in the concept of legislation, execution, judicature and law-abiding fundamentally.