劳动法与农民工权益保障研究——兼评《劳动合同法(草案)》有关规定

On Labor Law and Safeguarding Peasant-workers' Rights and Interests

劳动法是保障劳动者权益的重要法律,劳动合同是确定劳动者与用人单位之间劳动关系的法律依据。劳动合同、劳务合同、雇佣合同三者关系密切。将劳动合同、雇佣合同一并纳入劳动法的调整范畴,对保障农民工的权益意义重大。集体合同制度是全世界劳动法中普遍认同的制度,在我国,集体合同尤其是专项集体合同应当是农民工与用人单位建立劳动关系之首选。《劳动合同法(草案)》对农民工劳动权益的保障、构建和谐社会、建设社会主义新农村都具有重要意义,但还有很多地方需要完善。

This paper makes an attempt to study on the labor law, in order to safeguard the rights and interests of peasant-workers. The labor contract is the legal basis of legal relation of employment. The labor contract, employment contract and contract of service are very difficult to distinguish, the labor contract and employment contract ought to be regulated objects of labor law. Collective contract has been an important system all over the world, in our country collective contract and dedicated collective contract are both important to safeguard the peasant-workers＇ rights and interests, and so they are the best choose to peasants. The law of labor contract （draft）will be very important to peasant-workers, but we must revise it.