农民工劳动合同的法律经济分析——兼论农民工权益保护

Legal and Economic Analysis of Rural-workers' Labour Contract ——Discussion on the Protection of Rural-workers' Rights and Interests

在法律框架下解决农民工欠薪问题必须依据合法有效的劳动合同。在农民工与用工单位的博弈中,用工单位存在不签合同的偏好、农民工供给过剩、部分行政部门怠于履行职责以及农民工法律意识淡薄等,是导致农民工劳动合同签订率偏低的原因。逐步培养和提高农民工法律意识,加强政府部门的监督,并组织农民工加入工会,将有效改善农民工在博弈中的状况,进而提高劳动合同的签订率,为依法维护农民工权益奠定基础。

Under the frame of legal system, the effective contract is a main factor to solve the problem of deferring rural workers' salary. Between the game of rural workers and their employers, the reason of rare contract includes employer's preference, oversupply of rural labors, relative administration's unfulfilment and rural worker's legal unconsciousness. There are three effective ways to improve the rural workers' status in the game and protect the rights of rural workers. They are raising legal consiousness of rural workers, intensifying government's supervision and organizing rural workers to join labor union.