| Hits：1673 AddTime：2019-07-21 16:46:44 |
| At present, in the eastern part of China, the economic prosperity can not be separated from the contribution of the vast number of migrant workers (that is, migrant workers). Although these migrant workers work in cities, they are not treated as equally as urban residents. Moreover, as a disadvantaged group, migrant workers'occupational safety and health rights can hardly be adequately guaranteed. In addition to the risk of industrial injury, the proportion of migrant workers suffering from occupational diseases is also very high. In recent years, the frequent injury incidents of migrant workers are shocking, while more and more such incidents are beginning to become normal. As a malformed product of the combination of market economy and traditional system in a special period, due to the lack of effective system supply and institutional arrangements, the legitimate rights and interests of migrant workers in the absence of legal barrier protection has become a normal situation. At present, with the vigorous promotion of urbanization, the problem of peasants entering cities and the settlements of migrant workers urgently needs to be solved. The existing legal system shows obvious vacancy, lag and weakness in the protection of migrant workers'occupational safety and health rights, reflecting that the existing laws lag behind social development and can no longer meet the needs of the new situation. Attention to the occupational safety and health of migrant workers is an important issue to ensure the long-term economic development, social equity and social harmony and stability of our country. 1. The current legal status of the protection of the labor rights and interests of migrant workers in China. Citizens of the People's Republic of China have the right to work and rest, as well as relevant provisions in the General Principles of Civil Law. Article 3 of the Labor Law clearly stipulates the various rights that workers should enjoy, while Articles 29 and 33 stipulate some protective measures for workers. As the basic law of adjusting labor relations in China, Labor Law is the highest level of legislation under the Constitution. From the perspective of the effectiveness of the law, it has a strong effect on the protection of workers'labor rights and interests. Of course, in addition to the basic laws, there are also some administrative regulations, departmental rules and regulations to protect the rights and interests of migrant workers. In terms of wages: First, the macro-guidance system of wages has been initially established. In 30 provinces, autonomous regions and municipalities directly under the Central Government (except Tibet), the wage guidance line system has been established, and in 140 large and medium-sized cities, the wage guidance price system in the labor market has been established. The second is to start exploring the establishment of a wage determination mechanism that meets the requirements of the market economy. The wage collective bargaining system should be implemented to enable workers to participate in the wage decision of enterprises in accordance with the law and safeguard their rights and interests of reasonable increase in labor remuneration. Third, the minimum wage security system has been established and improved. Minimum wage security system covers all workers. At present, it is of great significance to safeguard the basic rights and interests of migrant workers in labor remuneration. Fourthly, we should strengthen supervision and law enforcement, start with solving the wage arrears of migrant workers, and explore the establishment of a long-term mechanism. Through further strengthening labor supervision, carrying out special inspections and increasing publicity of law popularization, the whole society has initially formed an atmosphere of comprehensive management of enterprises'arrears and deduction of migrant workers' wages by the relevant departments. |
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