Protection Of Employment Rights Of Homecoming Migrant Workers

The 2008 financial crisis caused a rapid loss of job opportunities for migrant workers in eastern coastal cities and led to a climax of migrant workers returning home. On the other hand, with the benefiting-farmer policy and construction of new countryside implemented by the central government, economy of household registered areas of these migrant workers grows rapidly and infrastructure is improving. And local governments also enforced a lot of policies to attract them to return home. For those reasons, a large number of migrant workers returned home, however, this also brought new employment problems. Especially that under the limited employment capacity of local areas, whether migrant workers'employment rights could get equal protection after returning home is a common problem concerned by both the society and migrant workers themselves. Although the 2007 Employment Promotion Act, State Council's documents and regulations of local governments have provisions on their employment rights, due to the impreciseness of these provisions, there are a certain number of problems in implementing the law and documents. Bringing back experience accumulated in cities, skills and capital, migrant workers must be significant force in promoting the development of their hometown. Therefore, their employment rights ought to obtain equal protection.Firstly, based on fundamental theories, this paper analyzes the reasons and characteristics of migrant workers returning home, and summarizes the basis of employment rights protection of homecoming migrant workers. Then, with materials gained through work in social security department, and taking Fuyang where there is a large number of migrant and homecoming workers as an example, the author analyzes the problems in protecting homecoming migrant workers' employment rights, mainly inequality in the process, explaining from policies regulation, employment skills training, job information publicity and so on. Lastly, to solve the problem, the author proposes to make specialized law to equally protect (homecoming) migrant workers'rights, set up council as enforcement and supervision department to supervise whether their rights are equally protected, and build judicial remedy mechanism. Besides legal and system solutions, suggestions are given to perfect the four-grade employment service network in employment skills training and job information publicity. Moreover, the author puts forward to establish social assistance system to protect their rights, thus diversifying the methods for guaranteeing and protecting homecoming migrant workers' employment rights.