Study On Protection Mechanism Of Migrant Workers

Since reform and open-up in China, a great deal of rural labors has flocked into a special group—migrant workers, with the further reform and accelerated industrialization and urbanization. At present, there are about 150 million migrant workers in China. They are gradually becoming the main new generation of industrialist. A large group of migrant workers worked hard and made great contributions to Chinese urban and rural construction. However, there are too many accidents of production safety, occupational diseases and contagion damages, and the migrant workers accounting for 80% of the number of casualties. This shows that the vital safety and physical health of migrant workers are suffering from serious violations. It also highlights the plight of labor protection mechanism of migrant workers in practice. How to break the plight of the labor protection mechanism for the operation and give back available safety and health protection to migrant workers for efficiency in our country is major problems to be solved urgently. They have been paid widespread attention to the whole society.In regard to the law position of the migrant workers, they don't have special character. So the analysis of this thesis to the labor protection mechanism of migrant workers is carried on under the overall perception of protecting labors. This thesis defines migrant workers and labor protection mechanism of migrant workers in the first place. Then the author made a multi-angle and deep level analysis to the plight of labor protection mechanism of migrant workers with contemporary advanced legal theory and sociology of law research methods, which are on the basis of empirical investigations and data inquiries to the labor protection mechanism circulating of migrant workers. At last, the author made suggestions for dealing with it contrasting Chinese national conditions with foreign and domestic labor protection productions to break the plight of labor protection mechanisms of migrant workers.This thesis consists of four parts:Part 1 is mainly defined the concepts of migrant workers and protection mechanism of migrant workers. The author defined migrant workers as: they have the status of rural registered residence, to work in cities for long or certain period. In this thesis, the mechanism of labor protection is defined the principles of labor protection function which made up of labor protection elements and linked to each another, interacted on the function. Its research target is Chinese migrant workers who are vulnerable groups, the research scope involved the legislation, execution, justice, compliance and other aspects of labor protection. The contents of specific studies are the vital safety and physical health of migrant workers during working.In part 2, the author reviews the progress and the problem which made in the labor protection mechanism construction of Chinese migrant workers from sollen and actuality. The author thinks that China has initially established a coverage of vital safety and physical health of migrant workers in daily safety precautions, labor protection, occupational injury aid, medicinal care and accident settling comprehensive legal system, and created the preconditions for the rights of safeguarding with the law. It also pointed out some problems in the current field of the protection of migrant workers such as widespread lack of labor protection measures, lack of social insurance, unfulfilled labor contract system, blocking road to safeguard their rights, lack of supervision and lost of safeguarding rights, and so on.Part3 made deep analysis from economic, political, cultural and legal norms several dimensions with methods of logical analysis, comparative analysis and systems analysis, and drawing on western law of rights, law of economics, safety of economics, game theory, cultural hermeneutics, etc. And it explored the deep-rooted reasons of the plight of labor protection mechanism of migrant workers, then made a solid foundation for countermeasures to lay. In Economic factors, the author made analysis such as the analysis of law of Marxist to the plight of labor protection mechanism of migrant workers for safeguarding rights, the analysis of institutional economics for the formability of labor protection of migrant workers, the analysis of game theory for the process of migrant workers during those signing labor contract, the efficiency interpretation for the labor union for safeguarding rights and the analysis of economical cost for the migrant workers on safeguarding rights. In political factors, the author probed into mainly power game in the migrant workers labor protection mechanism, the dual status on the horns of a dilemma and the dislocation of country function; In cultural factors of law, point into the affect to migrant workers of cultural traditions without litigation, value intermediation and focusing more on power than law, and discuss the dimensions of Constitution, civil law, labor law and criminal law about labor protection of migrant workers.In Part 4, the author put forward suggestions on the basis of the foregoing analysis, learning from the successful experience of the foreign and domestic labor protection, perfecting labor protection mechanism on the core of legislation, justice, execution and compliance, then bring forward advice to labor protection mechanism of migrant workers from law system, guardian, judicial reform, supervise of the law execution, safeguarding rights of labor union, safeguarding themselves and safeguarding rights of non-governmental organizations and many other aspects on the basis of the existing mechanism for the labor protection of migrant workers, which mainly include: (1) the improvement of further protection to labor protection of migrant workers in the current legal system; (2) the clear orientation of national main body protection; (3) the reformation of the current judicial system; (4) the enhancement of labor protection of migrant workers working in the execution supervision of law; (5) the building of social security mechanism covered migrant workers; (6) the training of self-protection mechanism of migrant workers;(7)the establishing of safeguarding rights of labor union;(8) the hortative fortified participation of the legal aid institutions and NGOs (non-governmental organizations) in labor protection of migrant workers.