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Migrant workers wage disputes of law review

Author: XiaYunE
Tutor: ChenZhi
School: Southwest University of Political Science
Course: Legal
Keywords: Migrant workers Wages Wages prevention
CLC: D922.5
Type: Master's thesis
Year: 2011
Downloads: 181
Quote: 0
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Abstract


Migrant workers are our special institutional change brought about a particular phenomenon, the generation of migrant workers is a social process of historical change, the emergence of migrant workers has a history of rationality and progress significance of the Chinese urban and rural regional economic space and social development have a profound impact. Labor compensation is a citizen of labor income, is the embodiment of the value of their labor, maintenance labor, health and family life and the life of the premise. The right of workers to achieve an important form of labor remuneration is wages, although our constitution and labor law for the payment of wages in the form of wage protection system made express provision, but in real life, the phenomenon of migrant workers wages intensified, not only for the life of migrant workers itself constitutes a serious threat to the survival but also for social stability and harmony causing very serious harm. This article from the perspective of the law of this case reflects the problems, and on this basis, puts forward the corresponding countermeasures, in order to improve our prevention mechanisms wages of migrant workers make recommendations. Paper is divided into three parts: Part I: Thematic Background. This section provides an overview of migrant workers and other wage claims Guo Zengguang case the whole story, describes the incident has exposed many social problems, and on this basis to extract the subject of this article, that is, from a legal point made by the incident thinking. Part II: legal issues related to comb. This part of the event from the five aspects of the legal analysis, in particular, this section analyzes the three main aspects: First, the right of migrant workers to the protection of labor remuneration system flaw; Second, the intervention of the administrative department of labor protection Absence; Third Judicial migrant workers recover wages high cost. Part III: Wages of migrant workers in the construction of preventive mechanisms. Based on the second part of the offense and the Origins of the corresponding three aspects raised similar issues arising prohibition and prevention countermeasures and suggestions. Should first establish a sound system of wage payment guarantee. Including improvements in wages priority system, the Fund to establish a unified system and to establish a sound legal liability system. Secondly, the wages of migrant workers to strengthen efforts to protect the interests of law enforcement. On the one hand to strengthen the labor inspection institution-building, on the other hand to strengthen labor law enforcement. Finally, reform and improve the wage dispute settlement mechanisms. Reform of the existing wage dispute processing mode, the establishment of labor courts to require more specific wage dispute handling procedures to expedite the wages of migrant workers controversial trial of the case progress and implementation efforts.

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CLC: > Political, legal > Legal > Chinese law > Labor Law
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