Research On Social Law Protection Of Migrant Workers’ Rights And Interests

Solving the problem of people’s livelihood is the prerequisite for promoting social development and economic construction,and the protection of the social rights and interests of migrant workers has always been the focus and difficulty of China’s people’s livelihood.The overall development space often depends on the "short board".Whether migrant workers can develop in an all-round way is the key to protect their social rights and interests.Based on the legal analysis of the social law protection of the rights and interests of migrant workers,combined with the current situation and existing problems of the protection of the rights and interests of migrant workers,this paper improves the protection of the rights and interests of migrant workers from the perspective of social law,in order to meet the protection needs of the rights and interests of migrant workers,improve the happiness and sense of belonging of migrant workers in the city,and speed up the process of citizenization of migrant workers.This paper takes the social law protection of migrant workers’ rights and interests as the research object,explores the problems and the reasons behind the problems,and puts forward the countermeasures to improve the social law protection of migrant workers ’ rights and interests.Firstly,on the basis of clarifying the concepts of migrant workers,social law protection and migrant workers’ rights and interests,this paper further analyzes the theoretical basis of social law protection of migrant workers’ rights and interests.Secondly,using the survey data of the National Bureau of statistics,the sampling survey data of migrant workers and the survey and analysis of experts and scholars,this paper analyzes the survival and development status and rights pro tection of migrant workers,summarizes the problems existing in the social law protection of migrant workers’ rights from the perspectives of labor law,social security law and social organization law,and further analyzes the causes.The problems existing in the labor law protection of migrant workers’ rights and interests are mainly reflected in three aspects: the right to rest and vacation,the right to labor remuneration and the right to labor safety are vulnerable to infringement.In the labor market,migrant workers have the characteristics of low cultural quality,low skills,large supply and strong substitutability,and their labor rights and interests are very vulnerable to damage.The protection of migrant workers’ rights and interests by the socia l security law mainly includes the low participation rate and level of migrant workers,the lack of social security projects,the large loss of migrant workers’ transferring social security accounts,and some enterprises evade fulfilling their social security obligations for migrant workers.There are also deficiencies in the protection of migrant workers’ rights and interests in the social organization law,mainly in three aspects: the lack of attention to migrant workers’ rights and interests in the chari ty law,the damage to migrant workers’ charity rights and interests,and the imperfect protection function of the trade union.Then,from the perspective of labor law,social security law and social organization law,this paper puts forward some suggestions to improve the social law protection of the rights and interests of migrant workers.With the development of society,the right to survival can no longer meet the development needs of migrant workers,and the development of social law is also moving forw ard.Both the strong who occupy an advantageous position and the weak who are at a disadvantage have the right to free development.Migrant workers not only need the right to exist,but also have dignity and more opportunities for development.In terms of labor law protection of migrant workers’ rights and interests,we should improve migrant workers’ awareness of safeguarding their rights,improve the legal aid system for migrant workers,strengthen supervision and law enforcement,and strictly punish the illegal acts of employers.In terms of the social security law protection of the rights and interests of migrant workers,we should improve the enthusiasm of migrant workers,improve the orderly transfer mechanism of social security relations,improve the social security projects of migrant workers,and clarify the obligations of enterprises to the social security of migrant workers.In terms of the social organization law protection of the rights and interests of migrant workers,combined with the current popular online charity crowdfunding platform and the charity law,it is proposed to improve the access system of charitable organizations,strengthen supervision,give full play to the role of charitable organizations in protecting the rights and interests of migrant workers,improve the credibility of charitable organizations,strengthen the autonomy of trade unions and develop grass-roots trade union organizations.This paper hopes to improve the social law protection of the rights and interests of migrant workers from these three aspects,implement the survival and welfare rights of migrant workers,help migrant workers integrate into urban life,realize the free development of migrant workers,promote the theoretical research and legal construction of Ch ina’s social law,and implement the value pursuit of fairness and justice of social law.