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Research on the Employment Right of Peasant Workers

Author: SongHongYang
Tutor: CuiZhuoLan
School: Jilin University
Course: Constitutional and Administrative Law
Keywords: Migrant workers Employment Rights Government Services
CLC: D922.5
Type: Master's thesis
Year: 2005
Downloads: 692
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Abstract


Employment right is the extension and specification in labor field of people’s equal right on Constitution. Everyone who has ability to work and want to work should obtain the right to work. This right doesn’t differ because of one’s sex, age, nationality, race, religion, faith, nationality. Peasant worker is the combination of the identity of “peasant”and the job of “worker”. After the economic system reform in urban and rural areas from 1970’s to 1990’s, surplus rural labor force need combine with the work positions in urban areas. So the peasant workers appear. But “the labor force is not cheap”. Its appearance takes out of a series of problem. In this article, I am trying to search the economic base and social rationality to realize peasant workers’employment right by analyzing the economic, political and social backgrounds of the appearance of the new body. And I try to prove that the key is to solve the problem of government’s omission and the peasant workers’improving their own abilities. There are four chapters in this article: Chapter one elaborates peasant worker and employment right. In section one,I analyze the concept of employment right. So-called employment right refers to the right for the citizen who has ability to work to obtain the remuneration or income by participating in the social economic activity. This concept includes two respects: one is that laborers have the right to get a job and obtain the remuneration. They can also give up the right; the other is that laborers can choose the jobs they like according to relevant regulations. In section two , I expound the legal status of employment right. Employment right is an impotent content of social rights, which established much later than political rights and personal rights. In section three,I propose that the key to solve the social problems caused by peasant workers is to confirm the equality of their employment right, otherwise it will cause the poverty of other social rights. Chapter two elaborates the mismanagement of the government under objective situations. In section one, from the aspect of economic system, after the People’s Republic of China was founded, the economic structure of “mending industry by agriculture”caused the fracture of urban and rural areas. From 1970’s,there are three changes in rural areas of China. They are family-contract responsibility system, popularization of the township enterprise and farmers’frenzied hunt for work in cities. From then on, the problems of peasant workers developed as social problems. Its essence is striving for rational distribution of social resources all over the society in the new economic structure. In section two, from the aspect of political system, the different systems of the household register in urban and rural areas base on the different economic modes in these two areas. “Law and systems must keep developing with the development of human’s thought.”But the system of the household register did not. Section three is that different education systems and social security systems in urban and rural areas which established consulting the system of the household register consolidate the pattern of urban and rural areas. Urbaneducation is supported by the state while rural education has undergone the course of being supported by township, village and farmers themselves. The state uses most funds on urban areas so that the social security system is fractured. Chapter three elaborates stagnant system reformation and the government’s omission of service. First, the limitation of peasant workers’moving and being employed is the biggest obstacle to market access. Reform and opening-up gives the farmers a chance to look for jobs in the city. But residing in the city is illegal for them. So they are treated unequally. Second, the key to improve the quality of peasant workers’employment is to improve the environment of employment. Illegal rescission of the contracts, collecting bail and being in arrears with the salary are the serious problems infringing peasant workers’rights. It is the duty for the government to offer a good social environment and high-quality service. Third, it is the guarantee of continuous employment to absorb peasant workers into the social security system. Thus they can work single-mindedly and the continuous development of economy can be realized. Forth, face the problem of peasant workers’employment right correctly. Farmers haven’t equal treatment with urbanites and haven’t equal assignment of national economy. These should be responsible for the expanded gap between rich and poor. The solution of problems of peasant workers involves the reconstruction of right consciousness. Chapter four proposes that the key solution is transforming government’s function.Section one is about the problem of transforming the government’s function and improving the quality of government’s service. First, reform the system of the household of register and realize the freedom of removing. Thus transform the idea of managing the urban and rural areas respectively and establish the idea of opening and the idea of adjusting by the market; Bestow urbanites and peasants equal identity of resident; Offer overt and fair public service to create equal chances for them. Second, reform the social security system whose focuses should be injury and medical insurance and endowment insurance and whose direction should be comprehensive social insurance. Legislate some laws such as Social Insurance Law and Social Succouring Law. Third, reform the education system and solve the problem of the peasant workers’children’s entering school. Lighten the pressure of peasant workers and at the same time reform the education system under the law. Section two expounds that the essence of being employed equally is improving peasant workers’quality. Professional training is important to the continuous development of peasant workers’employment which includes law education and culture education. Unreasonable limitation to rural labor force should be canceled. Establish labor force service network covering urban and rural areas. Enhance the establishment of self-contained organization which is favorable to both peasant workers’development and the government’s management. Section three is the problem to accelerate the urbanization process. It is the basic demand for agricultural society to transform to industrial society. But the process should be controlled to realize the modernization of peasant

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