Research On The Labor Rights And Interests Of Migrant Workers Protected By Trade Union

"Migrant workers" is a group concept with strong Chinese characteristics derived from the dual economic structure of urban and rural areas and the household registration system.It refers to a group of people whose household registration is in the countryside,but main working and living place is in the city,who are not engaged in agricultural production,but provide labor in industry and service industry.With the process of reform and opening up and urbanization,migrant workers have been growing and gradually become the main body of industrial workers in China.Migrant workers’ household registration is divided into farmers and occupation is divided into workers.All kinds of labor disputes caused by this mismatch of household registration and occupation status are frequent,and the employment of migrant workers has been affected by national policies and social environment for a long time.How to effectively solve the labor rights and interests of a large number of migrant workers has become a real problem in front of the national government.The trade union of China is a mass organization of the working class under the leadership of the Communist Party of China.Since its establishment in 1925,its mission has been to unite the masses of workers to participate in social production and safeguard the legitimate rights and interests of workers.Under the influence of multiple factors,such as the national policy environment,the main work objectives of the trade union and the employment characteristics of migrant workers themselves,migrant workers have not been the direct object of safeguarding rights of the trade union.It was not until 2006 that《Some opinions of the State Council on solving the problem of migrant workers 》 were issued that migrant workers were officially incorporated into the labor union’s rights protection system and have developed to this day.Migrant workers themselves are a group concept with Chinese characteristics,and the nature,function and role orientation of Chinese trade unions are different from those of Western trade unions,so the main purpose of this paper is to explore how Chinese trade unions can protect the labor rights and interests of migrant workers.This paper mainly uses the research methods of literature research,unstructured interview and case analysis,combined with the third sector theory,principal-agent theory and democratic management theory.In view of the common problems of wage arrears,unequal employment environment and lack of social insurance in the labor rights and interests of migrant workers,it is necessary to bring migrant workers into the labor rights protection system of the trade union,and analyzes the particularity of trade union as the third sector and the feasibility of safeguarding the labor rights and interests of migrant workers.Based on the current situation of labor rights and interests protection of migrant workers in N city’s federation of trade unions,there are many migrant workers who are free from the trade union organization,and the expression channels of interest demands are not smooth,and there is no place to protect their rights;Under the special role of "double maintenance",the trade union does not have the administrative power,and lacks the linkage mechanism with the government departments,which leads to the lack of enforcement of rights protection;The trade union provides migrant workers with a single content of rights protection,and some of the trade union cadres’ professional level has been unable to meet the needs of migrant workers at a higher level in the new situation.Through the analysis of the role orientation of the relationship between the trade union and the party and the government,the interest game among the party and the government,the trade union,the employer and the migrant workers in the process of safeguarding rights,and the in-depth construction of the trade union organization itself,this paper puts forward suggestions for improvement: At the macro level,we should strengthen the organizational attribute of the third sector of trade union,rationalize the relationship between trade union and party and government,give full play to the advantages of political participation,and build a diversified working system of Party committee leadership,government support,trade union participation and social coordination;At the middle level,we should strengthen the construction of trade union’s own cadre team,expand the organizational coverage of migrant workers by innovating the membership system and democratic management system,and unblock the expression channels of migrant workers’ interest demands;At the micro level,establish and improve the long-term mechanism of migrant workers’ rights protection and service,improve the legal aid system of the trinity of law popularization,supervision and rights protection,strengthening of migrant workers’ humanistic care,the use of "Internet plus" platform to provide precise services,extensive vocational skills training and labor competition to promote the construction of industrial workers team reform,open up the path of migrant workers.It is a new requirement of the CPC Central Committee in strengthening and improving the work of the party’s mass organizations to bring migrant workers into the labor union as much as possible,to use various means to protect the labor rights and interests of migrant workers,and to promote their own development through education and training,it enriches the theory of labor union safeguarding rights,and has important practical significance for promoting social and economic development,realizing the equalization of basic public services,maintaining social stability and building a socialist harmonious society.