Legal Though On Employment Discrimination Of Migrant Workers

Migrant Workers are a big special group engaged in both farming and industry during the period of their transferring from countryside to town and city. They have played a more and more important department in our economic and society. According to data provided by the World Bank, since the reform and opening up, Agricultural labor turn to non-agricultural industries, China's economic growth to the contribution rate in about an athlete. They play an inestimable role but in the same time it is also the largest city vulnerable groups, stand in the urban edge, somebody even become to the problem groups in the city. They have suffering different degrees of discrimination in employment, social security, education of children and so on, especially in employment discrimination.These unfair treatment not only damage the legitimate rights, interests of Migrant Workers of and the Enthusiasm of participate in Socialist construction ,but also affect China's healthy economic development and social stability to a large extent .Also ,In our country, Migrant Workers' basic rights and other legal interests, in the respect of politics, economy, culture, education, social activities and so on, are safeguarded according to the constitution and other related laws, realizing their different kinds of rights without interference or infringement. But in law enforcement that there are still many shortcomings .in addition to this, there are many other reason leads to employment of migrant workers are being discriminated against . Just like the indifference of safeguarding the rights by law, defects of the present system and regulations, lack of enough supply of ensuring by law, no chance for them to join the management of the country's affairs and so on...Against this background, I will refer to some scholars' standpoints to divide this paper into three parts to discuss:The first part is the summary of the definition of the peasant-workers,origin,the inevitability .Then from different angles to define discrimination in employment ,and combine some data to compare the contribution to China's economic and society with the discriminatory treatment in employment. Then reveal the hazard of the employment discrimination and necessity of protecting vulnerable group's interests by law.The second part is mainly analyzed the reason and status of employment discrimination of Migrant Workers. According to introduce the status and performance of employment discrimination from employment opportunities, employment treatment, job security and other aspects. And then analyze these performances to find out reason which caused this phenomenon, including system just like registered permanent residence,unequal employment system ,legal including Legislative imperfect,weak enforcement of labor law,lack specialized legal aid agencies, others including Migrant Workers themselves, the overall environment.The third part is the core of the whole article which tries to solve this problem from legal view. Firstly, improving the existing laws and developing the special anti-discrimination employment laws and regulations. Starting with the personal freedom, working peoples rights and benefits, social security, education rights, democratic politics and so on, all of which takes the registered permanent residence as its core, we should quicken the pace of legislation, perfect laws and regulations concerned, set up the modern management system which are suitable for the market economy, strengthen the socialist democracy and legal building-up, so as to systemize, formalize and legalize the safeguarding of Migrant Workers' rights and interests. Only depending on the legal system and effective mechanism, can we guarantee their rights according to the law indeed.Secondly, transferring the governmental functions and strengthening enforcement of labor law. Government departments should solves problems and prohibit local protectionism, encouraged farmers to take up temporary or permanent jobs in cities and protected their legitimate rights and interests by rectifying policy discrimination and unauthorized collection of dues from farmer-laborers. At the same time, they should step up guidance and management of these matters to protect Migrant Workers equal employment rights better.Thirdly, enhance judicial protection, providing the special legal aid and the legal propaganda for them. To built a special Legal aid agencies where Migrant Workers can get legal advice on their own legitimate rights and interests. Enhance their self-awareness and safeguard their legitimate rights and interests better. Saving judicial cost, they can get immediately assistance form professional organizations after suffering unfair treatment.Finally, the most important method to deal with this problem is to improve their self's quality and legal awareness of safeguarding rights. Only their own can become stronger, others discrimination can be totally eradicated.