The Research On The Policies Of Guaranteeing The Employment Rights Of Migrant Workers Since The Reform And Opening Up

The rural reform achieved great successes because of the reform and opening up in 1978.And the substantial agriculture productivity created a lot of surplus labors.On the other hand,the urban economy needed many more labors after reforming.So,the rural labors packed into the cities,forming an enormous section of the society.The system of Chinese urban and rural dual structure creates the migrant workers which is a special labor community combining the identities of farmers and industrial workers.They work industriously in the city and make a big contribution to the urban-rural economy integration,while their related rights are specifically deprived of the employment rights because of the dual structure.The employment is the prerequisite for people to survive and develop;the right is the legal right for people,which is given by the modern social law.The employment rights mean that the laborers select and compete a particular work freely and fairly,and the laborers enjoy the right to get the deserved labor reward and the social security.In regard to guaranteeing the employment rights of migrant workers in the domestic academic research,the experts and scholars are mostly discuss the theme from the aspects of economy,politics,legislation and policy and put forward the constructive opinions,such as the proposals of strengthening the legal education to the migrant workers in the context of the socialist market economy,accelerating the pace of urban and rural household registration reform and employment system,and improving the political participation of migrant workers.On the other hand,there is not the statement of“migrant workers" abroad.The overseas study on the transfer of rural surplus labor pays attention to the economic point.The related research results are the Lewis population movement model,the Ranisi-Fei Jinghan model and other economic theories.Although foreign countries have not studied the transfer of labor from the political aspect,the actions promoting the development of urban and rural areas,training the migrant workers,and other practices provide some ideas for the formulation of the policy.In addition,in terms of employment,the foreign scholars put forward some positive economic theories from the aspects of government intervention in economic construction,the workers' expectations wage and the internal demand between the employers and employeesIn order to understand the connotation of the policies of migrant workers further,this paper,on the basis of predecessors' research,takes the employment rights of migrant workers as the research object,and tries to discuss the policies of guaranteeing the employment rights of migrant workers.And it may provide relevant literature clues to the subsequent researchers,exploring the theme to guarantee the employment rights of migrant workers further.In the process of research,this article mainly uses the documents method to seek and master the historical materials about the variation of Chinese migrant workers after the reform and opening up,and the related policies from the Communist Party of China and the national departments to guarantee the employment rights of migrant workers,providing the necessary research materials to study this theme;and utilizes the historical research to study the policies of guaranteeing the employment rights of migrant workers,which are enacted since the reform and opening up,and tries to describe its historical formation and development,state its basic content.The use of quantitative research method and qualitative research method,is mainly to tell the positive impact of national economy created by the migrant workers and the useful effect for the migrant workers and the social development given by the policies of guaranteeing the employment rights of migrant workers.And it expounds the significant features of these policies.And it sums up the inadequacies of the policies in order to provide some empirical basis developing more scientific and rational policies after analyzing the implementation of the policies of guaranteeing the employment rights of migrant workers deeply.With the detailed study,the research results of this paper are exploring the reasons why the policies of guaranteeing the employment rights of migrant workers are created and its development basis;the nation guarantees the employment rights of migrant workers;introducing the characteristics of the guaranteeing policies;discussing the deficiencies of policies and proposing some improvements.Generally speaking,the reasons of the guaranteeing policies are the signs of the migrant workers and their employment rights.And the policies have experienced the preliminary formation,the basic formation,the development and the further development.The nation guarantees the employment rights of migrant workers through the induction right,income,industrial injury insurance and unemployment insurance.Coexisting the Rigidity and flexibility,Integrating the general benefit and the service development are the characteristics of the guaranteeing policies.The reason why the nation pays attention to guaranteeing the employment rights of migrant workers is that the migrant workers group is an important driving force for the development of urbanization in China.To solve the problem of employment rights of migrant workers is the basic requirements for China to realize socialist harmonious society and built a well-off society.The policies of guaranteeing the employment rights of migrant workers have played an important role in promoting the national urban and rural economic construction and realizing the fairness and justice of socialism with Chinese characteristics.However,the inherent "flexibility"characteristics of the policies and its“non-comprehensive”have created the negative effects of implementing the policies to some extent.How to clear the hidden obstacles to guarantee the employment rights of migrant workers,which are created by the "flexibility" feature of policies and its "non-comprehensive",is a realistic objective problem.This paper thinks there are some enlightenment after stating the drawbacks,namely,to clarify the specific work objectives and requirements,strengthen the work of functional departments and improve the national housing provident fund system in the presence of"flexibility" features and its "non-comprehensive" to promote the formulation and development of guaranteeing policies further,which are the exploring method and new insight to guarantee the employment rights of migrant workers.