Problems And Explanations Of Protecting Migrant Workers' Rights And Interests

This article takes the labor rights of migrant workers as the research,object to exploring the plight of migrant workers' rights and interests and the reasons behind the dilemma.Through the analysis and dissection of the dilemma mechanism,it proposes measures to protect and improve labor rights and interests of migrant workers.The protection of labor rights and interests of migrant workers includes three major plight:the failure of legal norms,unbalanced distribution of guarantees,inadequate legal remedies.Through the analysis of the employment methods employed by migrant workers,whether the labor contract with a legal effect or the labor relationship between the enterprise and the laborer can be confirmed can be divided into the formal employment and irregular employment of the migrant worker.Among them,non-formal types include employment methods of non-formal employment and labor dispatching,and labor dispatching is the main employment method in non-formal employment.The protection of migrant workers faced with different types of employment is not the same as the protection of rights and interests.However,the overall protection of labor rights and interests of migrant workers is faced with the real problems of infringement of labor security rights,labor remuneration rights,and rest and vacation rights.Based on this analysis,the infringement of labor rights and interests of migrant workers is not guaranteed due to the failure of legal norms at the level of a reasonable normative system,the unequal distribution of guarantees at the level of equal distribution,and the lack of legal relief at the level of rights protection channels.The failure of legal norms shows that the "Labor Contract Law" is difficult to achieve the purpose of protecting the migrant workers' rights and interests from harm.Under formal employment,migrant workers and employers face labor contracts with employers facing "contract pitfalls",short-term contracts,unsatisfactory corporate performance,and the fact that migrant workers and employers are not able to recognize the factual labor relations in informal employment,leading to migrant workers rights and interests impaired but unable to use the law to defend their rights.The reason is that from the perspective of workers and employers,companies are consciously evading laws and not signing labor contracts in order to reduce labor costs.Furthermore,the status of enterprises and migrant workers in the labor market is not equal,and migrant workers are in a weak position.Under the guidance of the concept of achievement,local governments are more inclined to protect the enterprise and interfere with the implementation of the "Labor Contract Law."Labor Contract Law is hard to play its role in protecting labor rights of migrant workers;Guaranteed imbalances in distribution are concentrated in the two major areas of social insurance and urban public welfare.In the field of social insurance,the ratio of migrant workers participating in urban employees insurance is low,and the level of participation is lower than that of urban workers.In the social welfare field,migrant workers are freed from the urban housing security system,migrant workers' children have unfair rights to education,and it is difficult to enjoy urban employment benefits.Although migrant workers work and live in cities,they cannot enjoy the same social security benefits as urban workers.The main reasons are the differentiation and fragmentation of the social insurance system,the territoriality and competitiveness of social welfare,and the urban-rural dualization of the labor market.Migrant workers mainly adopt four types of rights protection methods:judicial relief,administrative relief,social relief,and private relief.After the rights of some migrant workers were damaged,they did not take the form of judicial remedies to protect their rights.Instead,they protected their rights through petitions or extreming private solutions.The final result may further damage the legitimate rights and interests of migrant workers.This article analyzes the shortcomings of the legal remedy mechanism from the three aspects of arbitration,justice,and law enforcement.It also analyzes the resistance of peasant workers using legal remedies to protect the rights from three parts of peasant workers,companies,and the government.Based on the analysis of the difficulties and causes of the protection of migrant workers' rights and interests,it is of great significance to further improve the protection of migrant workers' rights and interests.First of all,we must improve the "Labor Contract Law" to protecting the legitimate rights and interests of migrant workers,so that the "Labor Contract Law" can play a role in protecting the legitimate rights and interests of migrant workers.Specifically,the first is to clarify the relevant concepts in the Labor Contract Law,the second is to increase the implementation of the Labor Contract Law,and the third is to popularize the concept of the Labor Contract Law.Second,improve social security policies for migrant workers so that migrant workers can enjoy social welfare policies and improve working and living conditions in cities.The first is to improve the "Social Insurance Law"and the social insurance system,the second is to incorporate migrant workers into the urban public service system,and the third is to break the urban-rural dual system and reform the social management system.Finally,improve the legal relief channels for peasant workers to safeguard their rights,so that migrant workers can use legal weapons to safeguard their legitimate rights and interests and eliminate extreme privacy practices.Specifically,it is mainly to improve its own mechanism for legal remedies,improve the labor dispute arbitration system and judicial system,and establish a comprehensive labor law enforcement agency.