The Research On Labor Union Involving In The Migrant Workers' Rights And Interests Protection

The migrant workers account for the majority of industrial workers in china.However,as a vulnerable group in urban society,their labor rights and interests is still seriously damaged.Therefore,the migrant workers' who are individualized are easily to take some non-institutionalized measures to protect their rights.Not only their actions are conducive to the formation of the civic consciousness,but also lead to social disorder.As one of the institutionalized and organized ways to protect migrant workers' rights,the labor union also exists multiple difficulties.So in this paper,we mainly focus on how to reform the labor union organizations,integrate all kinds of resources,take innovative ways,and transform non-institutionalized ways into the institutionalization channel.The content of this paper is divided into three parts:The introduction part simply describes the research background,research significance,relevant concept definition,the domestic and foreign literature review,research framework,theoretical tools and research methods,and points out the possible deficiencies in this paper.The main content of paper includes five parts.The first part analyses the causes and negative effects of taking various kinds of non-institutionalized strategies when the peasant workers' rights are seriously damaged.The causes are the growing of consciousness of their rights protection,facing the survival crisis,or feeling a strong sense of deprivation.The non-institutionalized strategies mainly include extreme fight,group conflict and the organizations which are set up by themselves.These non-institutionalized ways have the following negative effects:Firstly,hinder the formation of the citizens' consciousness of migrant workers;Secondly,it is bad for the formation of harmonious labor relations;Thirdly,the society will face the risks of disorder when lacking the constriction of formal organization;Lastly,the regime may exists the crisis of legitimacy with the loss of political trust.The second part argues the reasons that why the labor union is the inevitable and institutionalization choice for migrant workers.The advantages of labor union protection are as follows.Firstly,labor union is an powerful social pillar for our regime;Secondly,it can strengthen the organizational ability of migrant workers;Thirdly,it can collect the voice of migrant workers;Fourthly,it can balance the strength of Labor and capital;Fifthly,it can improve the ability of migrant;Lastly,it can reduce the negative effects of non-institutionalized ways.At the same time,some other institutional ways may have possible deficiencies as follows:Firstly,The National People's Congress and the Chinese people's political consultative conference hardly have migrant workers as represents,so it is difficult to for them to undertake the responsibility;Secondly,our government has limited administrative power to coordinate labor relationship directly under the socialist market economic system,and the government workers lack of motivation to protect the migrant workers' rights when pursuing of GDP and political achievements.;Thirdly,our letters and visits system is unable to play their roles and the frequent abnormal petitioning phenomenon of migrant workers is not conducive to social stability;Lastly,rights protection by judicial office is at highly-cost,as well as time-consuming and procedure cumbersome.The third part discusses the existing problems and causes of labor union when protect the migrant workers' labor rights.The problems can be summarized as follows:firstly,a large number of migrant workers are not members of the labor union;Secondly,many enterprises have not established the labor union,and the representation of the enterprise labor union is insufficient;Lastly,the collective consultations in enterprises are formalized.When it comes to the causes,they mainly are as follows:Firstly,the migrant workers lack of correct cognitive on labor union;secondly,the labor union cadres have not enough abilities and motivation to protect the labor rights;Thirdly,the labor unions have administrative problems;Lastly,the laws and regulations related to labor union are insufficient and powerless.The fourth part discusses the typical model of labor union for rights protection.To solve the existing problems of labor union,some local labor unions are actively exploring some innovative strategies,and then forming some typical patterns,such as Yiwu socialized pattern,two provincial federation pattern in Sichuan and Shanxi,and the food industry collective salary negotiation in Wuhan.There are some commons that they all want to solve problems of migrant workers.At the same time,our party,government and labor unions all play an important role in safeguarding migrant workers' rights and interests by supporting the resource,signifying the protection procedure,and embodying the function of leaders' authority.These three typical practices have good effects on migrant workers' rights protection.But these "top-down" ways are insufficient to take the migrant workers' subjective initiative into account.Also,they can't reach to the problems in the enterprise labor unions.The fifth part puts forward some possible suggestions.Specifically,the local party should give supports to the local labor union.Also,the local government need to clarify the boundary with the labor unions,make laws and regulations more practical,and widen the institutional channels for rights protection;The local enterprises should enhance the labor unions organizational building and try to make them more independent;The local labor unions should strengthen their responsibilities,and increase the migrant workers'membership.The two paths can be conclude as strengthening collective empowerment,as well as migrant workers and labor union staffs' skills-upgrading.Conclusion part summarizes the main conclusions of this paper and puts forward the prospect of the research subject.