| The peasant laborer is refers has the countryside registered permanent address status actually in the cities work worker. Since the reform and open policy, our country had 120 million farmers to enter a city the work, does business or is engaged in other occupations, Beijing, Shanghai, Guangzhou, Wu Han and so on the big city peasant laborers all has the number million. The peasant laborer has been becoming our country emerging industrial worker in fact, becomes the market economy construction the important strength. But as a result of our country unique city and countryside dual society structure, causes the farmer this by the household register specific status, becomes the peasant laborer in the work and the right to work relief the biggest barrier, and forms the biggest flaw. This article attempts from peasant laborer's nature to limit the peasant laborer worker social stratum the social status, thus conducts the research to the peasant laborer right to work content and its the movement present situation, finally, by the peasant laborer right to work relief took this article key point, unifies the peasant laborer right to work protection the present situation, proposed constructs the peasant laborer right to work relief system the new conception. This article altogether divides into three chapters: First chapter has outlined the peasant laborer right to work elementary theory. "The farmer" refers to the worker which not yet is separated from the agricultural registered permanent address in our country existing system and under the household register system condition. But the so-called peasant laborer is the cusping enters the cities to be engaged in the non-agricultural occupation, but the household register status still is farmer's worker. In the human civilization historic course, realizes by the agricultural society to industry society's reforming, is following the agricultural population inevitably to the urban population transformation, is the urbanized fast development inevitably. In this developing process, the farmer on naturally becomes the new city industrial worker, the tertiary industry service personnel and resident's main origin. After the farmer realizes the occupation nature transformation, no longer is the farmer; also should not again have the peasant laborer such status. They are the worker, is same with the cities worker, all is the Contemporary China worker social stratum, should enjoy completely takes worker's politics, the economy and the social right. The right to work took the human rights the important constituent, is one kind of set power, it took a strict legal concept, is refers to the worker to enjoy the specific right which is connected with the work relations. The right to work is one kind the benefit, the freedom, the qualifications and the ability which occurs based on the work. Right to work type diverse, content rich, including, the rest power, the free choosing profession power, the payment for labor power, the work safeguard power, the occupation is peaceful plenary powers and so on.。Second chapter has induced peasant laborer's right to work protection present situation. Since section of times, our country has established the market economy system at the same time the process also is the use inexpensive labor force attracts the foreign investment, draws the economical development through the investment the process. Such system background causes the law and the policy inevitably favors the capital, oppresses the laborer, and causes the capital to actuate the market expansion with the extremely low labor production cost as the competitive power. At present our country's certain professions and the area, say in the certain significance, enhances the effective method which the profession profit, the impetus economy grows tramples the peasant laborer right to work blatantly. Peasant laborer's is restricted; The labor safety cannot obtain the safeguard; the payment for labor realizes with difficulty; Social security power flaw; the rest leave of absence power receives the infringement frequently; peasantlaborer's right to work has not obtained the protection which the law should have. Third chapter is through to peasant laborer right to work protection present situation reconsidering; the comprehensive peasant laborer right to work relief method, proposed reconstructs the peasant laborer right to work relief system the tentative plan. Below in view of the present our country right to work protection system present situation, the reference international laborer standard, our country right to work system has the problem at least: First, the subject of object is not common. Our country confirms the identical worker community by no means in the law, but is to the different status, the different enterprise's workers carries on the protection under the different legal system frame. Second, the right system is not perfect. In the international laborer standard and in the western developed country right to work system, worker's Unity, the association negotiation power and Dispute are worker's Basic right, is called "works three power", this "works three power" is the entire right to work system foundation and basic. In our country, "works three power" not yet to obtain declares truly with the effective safeguard. Third, the safeguard mechanism is imperfect. To the right to work, our country implements the multiple protection mechanism, in view of different right to work main body, implementation different safeguard mechanism. Regarding reestablishes the peasant laborer rights to work relief system the tentative plan, the author provide relieves two ways through the male strength relief and the private strength to construct. First, male strength relief 1st, legislates: The cancellation household register system, establishes the unified labor market system; Unified social security system; Consummates the labor legislation, entrusts with the worker the right to strike.2nd, in judicature: Implements in the civil judicature to the labor dispute case either cuts or examines, cuts examines separates, respective result processing pattern; In the criminal judicature, the unique seal stipulation infringement right to work crime, seriously will threaten the right to work the dangerous behavior to bring into line with the penalty to punish the scope; In the administrative judicature, the government supervises the labor law in did not take brings into line with the judicial examination, the permission rights and interests the worker which harms as the victim by the administrative correlation person status is mentioned regarding this the administrative proceedings. 3rd, in the administration, the expanded work supervision authority, increases the work supervision law enforcement dynamics. Second, private strength relief Our country has the necessity through the legislation rules and regulations and the strengthened right to work private strength relief took one solution dispute way the mechanism, causes it in front of the judicial process diverges and buys in part of disputes, reduces the lawsuit to explode the serious pressure which brings to the court. 1st, self-defense and self-service system The right to work system numerous and disorderly, the content is widespread, many types rights to work have the private right the characteristic, some right nature have the property rights nature, for example has pays the content the payment for labor power; Some rights have the personal rights nature: For example the occupation is peaceful plenary powers, the labor protection power and so on, this causes the worker in the labor process when its right to work suffers the violation completely possibly through self-defenses or the self-service behavior relief right to work. 2nd, mediation and consultation The worker thought when own right to work suffers the violation, chooses outside, through independently consults or the folk organization with the employer mediates the solution the wayrealization right relief, has the archery target arbitration and the judicial nature lawsuit does not have easily, prompt, the cost inexpensive, is easy to carry out and so on the characteristic. 3rd, organization trade union, display collective strength Our country's peasant laborers the reason that are at the weak trend position in the work relations, although has the widespread social reason, but the peasant laborer does not have the right organization labor union organization, cannot contend with the capital using the collective strength the capital superiority, also is an important reason. The change trade union took the political association the organization nature, widely absorbs the peasant laborer to take the trade union members. The attenuated trade union the responsibility which to the party, the country and the enterprise undertakes, places own objective point in the general workers benefit, safeguards worker's democratic right with the legal method, including the freedom of association, causes it truly independently to exercise own historical mission, becomes the worker benefit genuine spokesman. |
