Research On The Laborers Stratification Protection Model

With the constantly stratifying of social class in China,laborers are divided into different levels according to their different relationship with the employers,but not all of the laborers relative to the employer is vulnerable groups.The protection of laborers has always been concerned from a single level.In real life,the news that migrant laborers asked for salary are always heard,employers complain incessantly that many high-level laborers are easy to quit.It can be said that the theory of labor stratification protection is still in great applicability today.The legislative idea of labor stratification protection has three theoretical basis including sociology,jurisprudence and management.At the same time,the theory makes the basic theory of labor law comprehensive,deepens the understanding of the laborers.Moreover,it is good for protecting workers and building a harmonious labor relations.At present,it is the tilt protection model for laborers in our country,the model give laborers more protection according to their disadvantaged position,so that laborers and employers can achieve a communication status of equality,but the protection mode ignores the differences between laborers,there are some problems such as the definition of laborers is fuzzy,it not distinguishes real vulnerable groups in labor relations and ignores the interests of employers.By drawing on the experience of protecting laborers in the foreign countries,the managers of the company and the ordinary laborers are distinguished from each other.Combined the national conditions of our country,build laborers stratification protection model from the legislative and social aspects.First,we must clarify the definition of the laborers by taking the standard of personality subordinate mainly,and also taking the standard of economic subordinate and organizational subordinate.Any classification of people should have a sufficient and rational basis,otherwise it will lead to institutionalized inequality.Therefore,It can take the standard based on the relevance of laborers and employers in our country,we can judge from whether they need to accept the employer's special command and order,whether they has the right to assess and disciplinary,and whether their working hours,punching cards are fixed,divided laborers into high-level laborers,general laborers and bottom laborers,and give different levels of laborers to different degree of protection.Finally,the specific application of the laborers stratification protection model starts from three levels,including the benchmark protection of working hours and wage at the macro level,collective labor relations at the meso level,as well as dismissal protection,term of labor contracts and compensation for breaching payment at the micro level.High-level laborers are excluded because of their special status.Strengthen the regulation of high-level laborers,so as to maintain the harmonious and stable labor relations.