On The Protection Of Labor Rights And Interests Of Informal Employment Groups In The Construction Industry

The informal employment pattern is the way of earning a living derived and developed under the background of urbanization.The characteristics of the informal employment group,such as temporary,mobility and etc which combined with the characteristics of the construction industry have making the protection of labor rights and interests of the informal employment group in the construction industry have many shortcomings.Such as the difficulties in the relief of work-related injuries,the delay in the payment of wages,the inequality,the difficulty in ensuring the safety of construction,the long working time,the great intensity,the lack of corresponding insurance benefits,etc.The limited scope of protection of existing laws and regulations,such as the Labour code,can no longer fully reach such free,flexible and vulnerable groups at the lower levels.As for the current situation of the protection of the labor rights and interests of this group,the article is mainly be divided into four parts:The first part: This part explain the reason and function of the research paper,there are also domestic and foreign studies on the protection of labor rights and interests of informal employment groups in the construction industry,and so on.(up to now,71,900 academic journals and 12,300 academic dissertations have been published by domestic and foreign scholars on theprotection of labor rights and interests of migrant workers,and more than 100 academic journals have been published on the protection of labor rights and interests of migrant workers in the construction industry.Most of the studies on informal employment start from the impact of informal employment on human society and social economy.There are few studies on the protection of labor rights and interests of informal employment groups in construction industry,while foreign countries mainly focus on the scope of industrial injury insurance.)With literature research method,comparative analysis method and case analysis method as the main research methods throughout the case,the main research content is to explore solutions to the protection of labor rights and interests of informal employment groups in the construction industry.And sort out the informal employment group and construction informal employment group of the legal concept.The second part: The case introduction and the Dispute Focus Analysis.This part selects the typical cases which with disputes and summarizing the case,analyzing the focus of dispute in it.And derivates the main labor rights and interests protection problems of informal and employment groups in China's construction industry.Focus on the case of the domestic legislative norms and judicial remedies to explore the imperfections.The third part: The construction industry informal employment group labor rights protection existence question.This paper makes a detailed analysis on the problems and causes of the protection of the labor rights and interests of the informal employment groups in the construction industry.The problems in the protection of labor rights and interests of this group are mainly reflected in the imperfect legal system,such as the identification of industrial injury,wage payment and working hour system(The working hour system has triggered the thinking of "the definition of labor relations","working time and working place","the protection of rest and vacation rights under the working hour system" in the legal level.)and through the industrial injury,wages,manhour aspects of labor security auxiliary means.And the defects of the labor supervision system that plays the role of risk prevention,and the defects of the insurance system that plays the role of risk compensation;For example,the relief mechanism is not perfect: mediation(mainly in the labor union mediation),arbitration,litigation did not form a complete chain,in the operation process is also easy to exist explicit or implicit discrimination and other unfair phenomena.The fourth part:The consummates the construction industry informal employment group labor rights and interests safeguard the proposal.In view of the case of informal employment groups in the construction industry labor rights and interests are not in place.For the questions,which is the construction industry informal employment group labor rights and interests of various protection is not in place,raised by the case.the construction industry informal employment group labor rights and interests of various protection is not in place.Based on the particularity of informal employment groups and the legal and judicial status quo of informal employment in the construction industry of our country,this paper puts forward legal solutions and suggestions by referring to foreign legislative and academic research experience.Analysis of the work injury identification burden of proof,definition of working hours and workplace,Labor Relations Identification,employment contract issues.And strengthen the construction industry informal Employment Workers Labor Safety Law Enforcement and employment qualifications,Labor insurance related issues.Starting from perfecting the legal system of informal employment groups in the construction industry and ensuring public and private relief,the definition of labor relations,the standard of burden of proof,the limitation of "working time and working place" in the determination of workrelated injury,the payment system of wages,and the right to rest and vacation for the workers in construction industry are proposed.At the same time,strengthen labor supervision and law enforcement,realize the integration of prevention,rehabilitation and insurance compensation,and broaden the relief channels of rights and interests disputes.In the relief channel,the three ways of arbitration,mediation and litigation are connected with each other,so that the labor dispute settlement methods are coordinated and interlinked.Through fairness and justice to solve the system obstacles,legal bottlenecks,temporary construction workers in the construction industry to pay wages,rest time,work intensity arrangements,safety and health and other labor rights and interests protection challenges one by one.In consideration of the interests of the balance between Labor and capital,combining with the characteristics of the informal employment group in construction industry,the barriers of labor protection have been broken down and construction workers have been given due protection of labor rights and interests.