我国农民工劳动权益保护法律问题研究

发布时间：2018-01-18 04:29

本文关键词：我国农民工劳动权益保护法律问题研究　出处：《中国海洋大学》2015年硕士论文　论文类型：学位论文

【摘要】：随着我国社会主义市场经济制度的不断完善和工业化、城市化进程的加快,城市、工厂需要大量的劳动力,同时,农民的经济意识也在不断提高,因此大量农民背井离乡进城务工,农村剩余劳动力向城市转移,这些外出务工的农民成为我国经济发展中的一个特殊群体“农民工”。农民工这一群体是推进我国城镇化建设的重要力量,给城市经济生活带来了活力,为我国国民经济发展贡献了巨大力量。由于农民工源于农村,户口上属于农民,城乡隔离模式下的许多制度导致其所享受到的社会资源较少,直接导致了他们的文化教育水平低,自我维权意识不强,往往成为黑心老板剥削的对象。十八大指出“人民生活水平全面提高”作为全面实现小康社会的目标之一,“人民生活水平全面提高”意味着我国任何阶层生活水平的提高,农民工作为我国经济地位较低的社会阶层,其生活水平直接影响到我国能否实现小康社会的目标。据此,如何保障农民工权益问题直接成为影响小康社会能否全面实现的重要一环。农民工就业受到歧视和限制、休息休假权得不到保障、劳动报酬受到侵害和社保参保率较低等现状反映出当前农民工劳动权益受损的现象极其普遍。农民工的劳动权益难以得到保障的其中一个主要原因,源于我国农民工劳动权益法律制度存在问题。首先,农民工劳动权益保障立法上的不完善,直接导致农民工难以找到针对其群体的法律法规作为保障劳动权益的依据。其次,农民工劳动权益保障执法上的不力,引起侵害农民工劳动权益事件频发。最后,农民工劳动权益救济途径难以实现,促使农民工难以在事后通过司法途径保障其劳动权益的实现,另外,工会作为职工利益的代表,在维护农民工劳动权益方面也未发挥其应有的作用,农民工因为普遍受教育程度低而缺乏必要的自我维权意识,也是影响农民工劳动权益保障的因素。要切实保障农民工的劳动权益,必须从立法上、司法上与救济途径的完善上着手,才能有效解决农民工劳动权益保障难的问题。在立法上,应该完善和修改现有涉及农民工劳动权益保护的法律法规、制定专门的《农民工劳动权益保护法》等在立法上保障农民工的合法权益。在执法上,行政机关转变传统被动消极的不作为模式,积极主动地对企业进行监管。在司法救济途径上,通过完善诉讼当事人制度、劳动争议解决机制、加强法律援助的强度以切实保障农民工的劳动权益,此外,应发挥工会在维护农民工劳动权益上的最大作用。
[Abstract]:With the continuous improvement and industrialization of the socialist market economy system and the acceleration of the urbanization process, cities and factories need a lot of labor, at the same time, the economic awareness of farmers is also increasing. As a result, a large number of peasants have left their homes to work in cities, and the surplus rural labor force has been transferred to the cities. These migrant workers have become a special group of migrant workers in China's economic development, which is an important force to promote the construction of urbanization in China, and has brought vitality to urban economic life. For the development of our national economy has contributed a great deal of strength. Because migrant workers originated from rural areas, the hukou belongs to farmers, many systems under the urban-rural segregation mode led to less social resources they enjoyed. As a direct result of their low level of culture and education, the awareness of self-rights is not strong. The 18 National Congress pointed out that "the overall improvement of the people's living standard" is one of the goals of realizing the well-off society in an all-round way. "the overall improvement of the people's living standard" means the improvement of the living standard of any stratum in our country, and migrant workers are regarded as the social stratum with lower economic status in our country. The standard of living has a direct impact on whether our country can achieve the goal of a well-off society. How to protect the rights and interests of migrant workers has become a direct impact on the overall realization of a well-off society an important link. The employment of migrant workers is discriminated and restricted, and the right to rest and leave is not guaranteed. The situation that labor compensation is infringed and social security participation rate is low reflects the phenomenon that the labor rights and interests of migrant workers are very common at present, and the labor rights and interests of migrant workers are difficult to be protected one of the main reasons. There are problems in the legal system of migrant workers' rights and interests in our country. Firstly, the legislation on the protection of migrant workers' rights and interests is not perfect. As a direct result of migrant workers find it difficult to find laws and regulations for their groups as the basis for the protection of labor rights and interests. Secondly, the protection of migrant workers' labor rights and interests of law enforcement is inadequate. Finally, migrant workers' labor rights and interests relief way is difficult to achieve, promote migrant workers to protect their labor rights and interests through judicial channels after the realization, in addition. As the representative of workers' interests, trade unions have not played their due role in safeguarding the labor rights and interests of migrant workers. Because of their low level of education, migrant workers lack the necessary awareness of protecting their rights. In order to protect the labor rights and interests of migrant workers, we must start from the legislative, judicial and relief ways. In order to effectively solve the problem of the protection of migrant workers' labor rights and interests, we should perfect and amend the existing laws and regulations concerning the protection of migrant workers' labor rights and interests in legislation. To formulate a special law on the protection of migrant workers' labor rights and interests in legislation to protect the legitimate rights and interests of migrant workers. In law enforcement, the administrative organs to change the traditional passive and passive mode of inaction. In the way of judicial remedy, we should improve the litigant system, labor dispute resolution mechanism, strengthen the intensity of legal aid to ensure the labor rights and interests of migrant workers. Should give play to the largest role of trade unions in safeguarding the labor rights and interests of migrant workers.
【学位授予单位】：中国海洋大学
【学位级别】：硕士
【学位授予年份】：2015
【分类号】：D922.5

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