摘要
由于劳动法律制度存在适用范围偏窄、劳动权益保护之规定过于简单、用人单位法律责任不明确等缺陷,致使农民工的劳动权益得不到有力保障。为更好地保护农民工的劳动权益,就必须扩大劳动法主体,将事实劳动关系、劳务关系、雇佣关系纳入劳动法调整范畴;明确劳动者权益保护的各项规定;明确用人主体法律责任,特别加大劳动权益的刑法保护力度;简化劳动争议处理程序,建立专业化劳动仲裁机构。
In the legal system of labor, there exist some defects, such as the narrow range of application, the simple regulation, and the indeterminate legal liability of employing unit, which cause the rural worker's work rights and interests not to get the proper guarantee. In order to protect their rights and interests, it is necessary to expand the subject of labor law, take the relation of work, labor service and employer-employee into the range of labor law, make them accept the labor law's adjustment. In addition, it is supposed to make clear every regulation of laborer's rights and interests, make sure the person's legal liability, especially strengthen the protection of the criminal law over rights and interests, and finally simplify the processing procedure of the labor dispute and set up the specialized arbitration organ.
出处
《安徽警官职业学院学报》
2007年第3期4-7,共4页
Journal of Anhui Vocational College of Police Officers
关键词
农民工
权益保护
劳动法律制度
立法完善
peasant laborer
rights and interests protection
legal system of labor
legislative improvement