The Study On Labor Rights Protection Of Flexible Employees In Huixian

With the transformation of social economic system in China,continuous adjustment and upgrading of industrial structure,the continuously push of the process of urbanization,a large number of laid-off workers and rural surplus labors are adding quickly.The flexible forms of flexible employment has low employment threshold requirements and it can meet the needs of different levels of employment needs.Therefore,it has become an important channel for the employment of surplus labor force and new labor force,it has a significant impact on China's labor market and makes our labor market become more active.However,with the development of flexible employment,some cases of infringement of labor rights and interests often appear,such as: flexible employment workers are not taken seriously,equal employment rights are violated,the right to remuneration is difficult to achieve,the higher the risk of job security,the same work different remuneration,welfare treatment is poor.These phenomenon have seriously affected the construction of harmonious labor relations in our country,which has become a serious hidden danger of social stability.Based on this,the research content of this paper is determined by the labor rights protection of flexible employees.Huixian has constantly adjusted and upgraded its industrial structure in the process of urbanization,a large number of laid-off workers were created.Plus the transformation of people's ideas,the form of flexible employment has become an important channel for Huixian to broaden jobs and relieve employment pressure.However,with the developing of flexible employment,the labor rights protection of flexible employees can not be guaranteed effectively.In 2014,only the construction field of flexible employment,there are 56 cases of flexible employment for wage seeking and complaints.The employment of child labor,forced labor,illegal occupation and other illegal employment behavior occurs frequently.According to statistics of labor arbitration department of Huixian Municipality,they received 1300 visitors in 2014,labor dispute arbitration had reached 95 cases,nearly 80% of these cases were related to flexible employment.Therefore,it is necessary to study the labor rights protection of flexible employees in Huixian.First of all,this article is based on the economic perspective,in order to study the protection of labor rights,after reading and analyzing the relevant research results at home and abroad,I have a profound understanding of the research on the protection of labor rights and interests.Through the definition of flexible employment,I determined the main research object of this article is the two types of flexible employment,town of state-owned and collective enterprises,laid-off workers and staff post process.Next,it takes labor market segmentation theory,human capital theory,information asymmetry theory as the main theoretical basis,which through questionnaire research,comparative analysis of the flexible employment of labor rights and interests protection.I obtained the first-hand information on the protection of labor rights and interests of Huixian flexible employees through questionnaire investigation,which providing data and resource support for this study,it is concluded that the following problems exist in the protection of labor rights of Huixian flexible employees: the right to remuneration for labor is difficult to guarantee;the right to rest and take a holiday is difficult to achieve;the establishment of labor relations is not standard,it is easy to lose work;government promoting employment ability is limited,labor supervision is not enough;occupation training opportunities and the quality is not high;the insurance rate is low,the phenomenon of insurance breakage is serious;the working safety conditions is poor.Then,combinationing the theory of economics,according to the actual situation,come to the reasons for the above problems are mainly in the following four aspects:1.Their own factors of flexible employees: the level of human capital for flexible employees is low,which can lead to a disadvantageto them in labor relations;because of the limited income of flexible employment,there is no ability to pay social insurance;the degree of current interests preference is greater than the future interests,so that the flexible employment of the insured enthusiasm is low.2.Employer factors: using the incomplete contract theory,this paper analyzes the employer's behavior from three aspects: the limited rationality of labor supplier and demander,the information asymmetry and the transaction cost of labor contract,it is concluded that the labor contract of the flexible employment is relatively uncomplete,the flexible employment of employers will be infract the legal rights of flexible employees to maximizing the interests.3.The segmentation of labor market could cause the legal rights and interests of the flexible employees to get uneffective protection.4.In the protection of the labor rights and interests of the flexible employees,the government has some defects such as the role of local goverment is dislocation,the difficulty of the efficiency and fairness,the system supply is insufficient,the cost of rights is high.Based on the above research,aiming at the source of labor rights and interests protection for flexible employees in Huixian,this paper proposes that we can improve the problem of flexible employees from three aspects: enhancing the level of human capital of flexible employees,optimizing the enterprise internal management environment,improve government regulation of the labor market to solve the current situation of flexible employment.It is hoped that I can find the solution to help flexible employment personnel out of the plight of labor rights and interests plight in Huixian,improving the quality of their employment,so as to build a harmonious labor relations.