Research On The Legal Protection Of The Labor Rights Of Farmers And Herdsmen In Lhasa City

With the quickly development of Tibet Autonomous Region,the course of urbanization also become quicken.Some of the labor force choice to city and become rural migrant workers in cities.In the meanwhile,with the development of economy in Tibet Autonomous Region.industry up grating,the labor force who has lived in pasturing area has moved in city seeking to fine a job.Employment situation and employment way changes,the deepen reform of labor and employment system leads to the disintegration of original labor relation and the number of labor dispute become ascent,even lead to mass disturbance.This issue has a strong impact on the economic development and social stability of Tibet Autonomous Region.Under this circumstances',the labor-right guarantee of migrant workers has been the urgent problem to solve.As the province capital of Tibet,Lhasa is the vanguard of the legal construction about Tibet Autonomous Region.It is a representative of the peak about judicial standard in Tibet Autonomous Region.By means of the study on legal guarantee system about labor right in migrant laborer who work in Lhasa,can be a miniature of the legal guarantee system about labor right in migrant laborer who work in Lhasa.This article has six chapters.First chapter is introduction.Second chapter describe the concept definition of labor right about migrant laborer in China.It includes the definition of migrant laborer and the concrete content and the comment about laborer right.The third chapter summarize the achievement of legal guarantee system about labor right from national level.Chapter four lists the achievement of legal guarantee system about labor right in both Tibet Autonomous Region and Lhasa.It includes the right to be employee,the right to get guerdon,the right to get social welfare,and so on.Chapter five analyze the problem in legal guarantee system about labor right which Lhasa's migrant labor had own.It includes care result but not to care course in the supervise process of administrative department,care procedure but not to care actual effect in the process of judicial safeguard,the incomplete of migrant labor's legal sense,the protect force lean to the core right in labor right rather than other non-core labor right.sixth chapter give some advise to these question.There is a long term process for migrant laborer's labor right protecting in Lhasa.In 1990 s,the original couple of migrant laborer has been existed.And this couple's legal guarantee system has been existed since the promulgating of labor law.After over 30-years exploration,the legal guarantee system about migrant labor who worked in Lhasa has some achievement.But on the other hand,there are some exposed problem.In the legalization of our modern society,it is a valuable question to thinking how to use rule of law both in thinking and action perfectly.