Research On The Model Of Labor Contract For Migrant Workers In The Construction Industr

The protection of the legitimate rights and interests of migrant workers in construction industry has been widely concerned by the society,and migrant workers in construction industry are often in a weak position in labor disputes.In real life,migrant workers,contractors rarely sign formal written contracts,which are generally oral agreements.However,if such groups suffer from work-related injuries or delays in receiving labor remuneration,the contractor lacks sufficient ability to compensate for the damage suffered,and their rights and interests usually cannot receive effective relief.This paper aims at the current situation of labor contract for migrant workers in construction industry in S village of H city and the judicial practice of service contract dispute processing standards,other country in the construction practice of service contract.It is committed to making a construction of migrant workers service contract,to protect the legitimate rights and interests of construction workers.This paper is divided into five parts.The first part is the investigation on the service contract of migrant workers in construction industry in S village of H city.First,explain the definition of migrant workers,migrant workers in the construction field,and construction labor contracts.and then through the questionnaire survey of H city S village construction,this part has investigated the related service contract,from the perspective of construction of migrant workers,construction contractor,construction industry emphatically discusses the influence factors of service contract rate.The second part is the judicial practice of construction service contract disputes.It makes a brief review of two similar labor dispute cases in H City leading to the handling standards of such cases in judicial practice,and focuses on the protection of the rights and interests of migrant workers in the construction industry reflected by the cases and designing a model service contract for migrant workers in the construction industry.This paper also discusses the importance of the model of service contract for migrant workers in construction industry.The third part explores the labor agreement of migrant workers in the construction field based on overseas.The author analyzes the actual situation in the field of overseas construction from multiple perspectives such as employee training,employee safety and health,and work-related injury insurance,and social life security,and summarizes the corresponding experience.The fourth part is the principle of formulating the model of service contract for migrant workers in construction industry.Its guiding principles are balance of interests,autonomy of will,validity of evidence,and legitimacy.The fifth part is the article design of the model service contract for migrant workers in construction industry.It includes the essential terms of service contract,the optional terms of service contract,and the provisions of the specific qualification type of work.The necessary terms and conditions of a labor contract include work content and place of work,labor remuneration and term of the labor contract,identity information of the parties concerned,labor protection and labor conditions.The optional clauses of the labor contract include social insurance,probation period,training period and living environment clause.