强制签订农民工书面劳动合同的困境及对策

Predicament of Compulsory Signing of Migrant Workers' Written Labor Contracts and Its Countermeasures

书面劳动合同不仅明确了农民工的合法劳动权益,也为劳动争议的解决提供重要证据支撑,从而有利于经济社会的和谐发展。然而,劳动合同法实施六载有余,书面劳动合同签订率却依旧不高,以及不合法合同大量存在,严重侵犯了农民工合法权益。为督促用人单位同农民工依法签订劳动合同,更好地保障农民工合法劳动权益,必须进一步完善劳动合同立法,加大劳动监察和惩处力度,加强劳动合同法律教育培训,真正落实农民工书面劳动合同的强制签订。

The written labor contract can both specify the legal labor rights of migrant workers and provide important legal basis for the resolution to the labor disputes, which is conducive to the healthy development of economic and social harmony. The labor contract law has been implemented for more than six years. However, there is still a low rate of signing written labor contracts and many signed contracts tend to be non - standardized. This phenomenon severely violates the legitimate rights and interests of the migrant workers. To promote employing units to sign labor contracts with migrant workers, we must further improve legislation of the labor contract, strengthen labor supervision, punishment, education and training of labor contract law in an effort to better implement migrant workers＇ signing labor contracts compulsively.