低劳动合约签订率与我国农民工的有效保护——基于劳动力市场分割理论的分析

Effective Protection to Migrant Workers under Low Contracting Rate:Based on the Analytical Framework of Labor Market Segmentation

结合劳动力市场分割和产业分割的基本特性,通过构建不同劳动力市场特征和产业组织特征组合的四象限分析框架,探讨不同象限中劳动合约的运行机制。认为在边缘产业与次级劳动力市场的组合下,农民工劳动合约的签订率低主要是因为由于预期到"可信性承诺"较低而导致劳动合约本身的价值不高。最后结合边缘产业的现状提出有效保护农民工的相应政策建议。

The labor contracting is an important approach to protect labors, but the contracting rate of migrant workers is keeping relatively stationary low level after the implement of labor contract law in 2008. Based on the Labor Market Segmentation theory and Industry Segmentation theory, this paper constructs a four - quadrant analytical framework including two dimensions： labor markets and enterprise organizations, and analyses the operating mechanism of labor contracting in each quadrant. Combining with the analysis of China＇s present situation about periphery industry and migrant - workers, the paper concludes that low labor contracting rate of Migrant workers mainly because of the low expectations to the ＂credibility commitment＂ on their working relationship. The conclusions and some suggestions are given in the end.