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From the angle of the discussion about the migrant workers rights protection drop

Author: TuLin From: www.yourpaper.net Posted: 2010-06-24 15:19:39 Read:
Keywords: equal right protection of household registration system to protect labor rights
the safeguard of the right to social security
Abstract: migrant workers is the emergence of China's economic and social development of the natural and inevitable phenomenon. But, in the life and work of the actual, migrant workers are discriminated against the city society in varying degrees, as Chinese citizens, the Constitution gives a series of their basic rights, such as right of labor, social security right can not be ensured.This paper discussed.
So far, the household registration is still an iceberg hinder the personnel and labor flow, no local household registration, city migrant workers living, free employment are limited, farmers leaving their should be leaving certificate, to work in the city to have a temporary residence permits, farmers relocate to go through the approval of the public security department, and so on and so on, do not meet these requirements, farmers will be forced to return home.All these make the constitutional rights of migrant workers and city residents can not be given equal protection.
there is the guarantee of the right of a city migrant workers, the problems and solutions of
labor right is refers to all the labor ability for citizens to work and the right to remuneration for labour, it is the foundation of citizen's survival, is the premise to exercise other rights on the material, for the city of migrant workers is even more so.According to the survey, migrant workers into the city's most urgent for protection of rights is the right of labor and employment and personal safety.However, some examples of the employment situation from the above provisions of constitution and migrant workers, their labor rights is far from being a powerful guarantee.This is manifested in:
first, employment difficulties.With the reform of the system for city and rural economy, resulting in a lot of migrant workers at the same time, the society a large number of laid-off workers, so that migrant workers and laid-off workers become city employment two groups in the competition.Because of the household registration system has natural discrimination against migrant workers, each big city in the allocation of labor and employment rights are a priority of laid-off workers, to encourage employers to recruit laid-off workers to return of migrant workers, laid-off workers Teng position limit employers use migrant workers and other policies, which makes the employment rights of migrant workers by very limited, they are often difficult to find a suitable job, decent work, not to mention.
second, occupation choice of city migrant workers, the types of restrictions.Because all have taken to protect laid-off workers, migrant workers policy restrictions, migrant workers in the city to city, survival, can avoid and laid-off workers find employment competition, laid-off workers and other occupation outside the scope of.The occupation is often engaged in city residents do not want to dirty, tired, bitter, insurance and other occupation, such as construction, retail, nanny, manufacturing and repair industry, reflects this point.The provisions of the constitution which makes the equal rights of citizens again destroyed.
third, to obtain payment for labor rights are not guaranteed.It is worth mentioning that the labor remuneration right.In terms of wages, wages and welfare of city resident employment has been made by the relevant government departments to make objective rules, has the congenital and migrant workers, there is no such requirement.The boss and the employer for their own profit always make every attempt depress the wages of migrant workers.Because the Chinese labor market is begged for be more than, therefore, the employer even drive down wages, is not anxious to find a person.The same pay because the city migrant workers mostly by geopolitical relations of kinship with the original together, do not have their own organization, can not form a strong force to negotiate with the unit.

fourth, no labor contract between the majority of city migrant workers and employers, which makes them. A series of rights guarantee.The above is migrant workers labor rights are not all reflect the security, in order to change this situation, we can generally take such an idea: first of all, from the legislation, we should carefully consider the protection of laid-off workers a variety of each city's limits, migrant workers employment rule is reasonable.The Constitution provides that citizens enjoy equal rights and labor rights, therefore, develop throughout their similar "protection of laid-off workers, all kinds of normative documents restrictions on migrant workers in violation of the provisions of the constitution.In this regard, we should establish and perfect our judicial review system, the constitutional review system to confirm the normative documents invalid.At the same time, in the labor legislation, migrant workers, according to the city of such a weak group, should provide some protection of their legitimate rights of new content, so as to meet the constitutional equality spirit and humanism spirit; secondly, in the process of practice, should be appropriate to strengthen the legal constitution and labor law and other publicity, the government and society should respect the city migrant workers legal especially constitutional rights, if there are violations of migrant workers labor rights violations, should be the responsibility of the personnel concerned in accordance with relevant laws and regulations.Finally, the employer should fully respect the city migrant workers democratic management right, allowing it to establish their own democratic organization. there are two migrant workers, the right to social security problems and solutions of
although the people's Republic of China Constitution gives all citizens enjoy the right of social security, but in fact, the social security system is connected with whether the workers in urban public enterprises and institutions, so for those who occupy agricultural laborers and migrant workers City China most most, in addition to a small number of people can enjoy certain species the relief under certain circumstances, the right to social security basically no realistic way.With the social insurance right as an example, migrant workers in the blind spot of all existing social insurance to cover, their participation in social insurance rate is very low.The employer by the mobility of migrant workers, establish individual account inconvenience, participate in social insurance enterprise burden on the grounds, not to apply for social insurance.Maybe a lot of people think, now the urban residents of the social security system for do not weeks, where Gu into the city of migrant workers protection. However, we face a real problem is, no work from migrant workers in the unfamiliar city,, no settlement, and not to any social help in old age, illness, injury, also not pension, unemployment insurance and relief and compensation, their lives are likely to fall into poverty, become a destabilising force of social potential.The establishment of the rural social security system has become a pressing matter of the moment.Some areas to take some positive measures.
these measures to expand the coverage of social security, has the vital significance to the protection of migrant workers.However, these reforms are not thorough, on the one hand it is confined to the part of the city; on the other hand, it is related to the unemployment insurance and the unemployment of migrant workers the most important city in terms of remedy."According to in 1999 the State Council issued the "Regulations on unemployment insurance", unemployment subject only workers of urban enterprises and institutions, migrant workers work continuously lost after working one year only by social insurance institutions to pay a one-time grant of life, do not enjoy the urban unemployment insurance benefits. "So we must increase the dynamics of reform.In the further reform of the existing social security system, establish and perfect the social security system, should follow the equality provisions and the protection of human rights spirit.
the establishment of the socialist market economy, will gradually take risks all the people involved in China are born with market economy and industrialization, city hand in hand, this requires that we must gradually to the social security system to cover all the people, that everyone be a social security system the beneficiaries and contributors.
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