Research On The Supervision Of Government Labor Sector In The Protection Of Migrant Workers’ Rights And Interests

Migrant workers play an indispensable role in the social development of our country,but it is undeniable that migrant workers have always been in a weak position in the society.Especially at the present time,labor relations in China become more and more complicated and diversified,the contradiction between labor and capital become more and more outstanding,so the challenges labor supervision is facing become more and more serious.And at the same time,as an important administrative means to protect the rights and interests of migrant workers,the problem of weak labor supervision and law enforcement at the grass-roots level is becoming more and more prominent,the thinking and consideration of the labor supervision related legislation is obsolete,as a result of the above conditions,it has been unable to cope with the increasingly complex labor disputes,grass-roots labor supervision has been in trouble.Therefore,it is necessary to study the current labor supervision,especially the grass-roots labor supervision.Based on the concept and characteristics of the labor supervision,through the methods of interview and case analysis,combined with the practice of Yi Wu grassroots labor supervision department experience and related law enforcement,this paper combs the labor supervision and law enforcement status quo and the facing difficulties,analyzes a series of problems in the current grassroots law enforcement,such as the continuing disputes over the unpaid wages,wage arrears become the norm,prone to the mass incidents,not standardized social security,serious labor overtime remains to be difficult to manage and so on.Through the analyses,many deep reasons behind these problems are dug out,such as the labor legislation is archaic and crude,labor supervision department lack the power of coercion,territorial control interferes with the law enforcement,team construction lags behind,lack of regulatory tools and so on,at the meantime,this paper analyses the influence of existing factors on labor supervision and law enforcement from the perspective of labor and capital,those factors include that the business unions are in a formality,the cost of breaking the law is low,the migrant workers’ legal awareness is not strong and so on.And we conclude from the small views,finally,from the labor supervision,enterprises,migrant workers themselves and other aspects of the countermeasures to break the dilemma of labor supervision and law enforcement.From the point of the author,to solve the problem of labor supervision,we must firstly improve the legislation,and enhance the status of labor supervision departments from the legal level,give the departments the power and interests of enforcement,at the same time increase the legal responsibility of enterprises that engage in illegal labor.Secondly,we need to reform at the uniform level,ensure the independence and autonomy of labor supervision.Thirdly,at the level of the supervision level,we need to strengthen the construction of the team,optimize the means of oversight and supervision for innovation,improve the efficiency of the labor supervision.In the end,both enterprises and the migrant workers ought to fulfill their duties as the public citizens,consciously abide by the laws and regulations,cooperate actively with labor supervision departments in all aspects.The research on the supervision behavior of labor department has a profound social efficiency and meaning on the protection of the rights and interests of our national migrant workers,the development of the harmonious labor relations and the further promotion of the social and economic development of our country.