Legal Consideration On The Problem Of Migrant Workers' Salary

The problem of migrant workers' salary is a social hot spot. Behind the issue of migrant workers pay talks of migrant workers is the protection of labor remuneration right is not enough, how to deal with this phenomenon jurisprudence and judicial focus of attention from the law, protect the rights of migrant workers labor remuneration is China's "Labor Law" core content, receive remuneration for migrant workers from their homes, the ultimate goal to participate in urban construction, the state should make full use of legal means to protect the legitimate rights and interests of workers.In this paper, the right to remuneration for the labor perspective, the analysis of the problem of migrant workers pay talks, the first part is to ask questions, describes the definition and characteristics of migrant workers, labor rights of migrant workers the right to remuneration to define social reality and remuneration and remuneration rights violations by. The second part is to introduce extraterritorial laws and regulations, understand the form of foreign labor to protect the right to remuneration by way of comparative research. The third part is the plight of migrant workers labor remuneration right legal remedy, through judicial practice during the pay talks, revealed inadequate legal regulation of migrant workers pay talks difficult due mainly concentrated in the main responsibility of disqualification, labor relations are not established the lack of a labor contract, the burden of proof allocation unreasonable, too short aging arbitration and other issues. The fourth part is the third part of solution to the problem, starting with the fact that labor relations process to address the fact that labor relations, including forced to give up the labor contract in writing and the fact that the protection of labor relations. From the program is to re-divide the burden of proof on the issue of labor arbitration procedures encountered adjustments. The last part is a summary of the full text, including the conclusion of the study and the lack of research.