建筑业农民工劳动权益保障的法律分析

Legal Analysis of Labor Right Security of Farmer Workers in Construction Industry

通过对建筑业农民工进行界定,论述了当今农民工劳动保障所面临的现实问题。通过区分劳动关系与劳务关系,认定事实劳动关系,并对属于不同关系的劳动者进行分类,提高建筑业农民工的不利地位。应通过完善相关法律法规和给予特殊的保护,使建筑业农民工的劳动权益得到有效的保障。

Based on the definition of farmer workers in the construction industry, the paper discusses some realistic problems about labor security with which farmer workers are faced. Solving these problems needs differeniating labor relations and service relations, ascertaining actual hiring relationship, and classifying workers according to different relations, in order to weaken their disadvantageous position. Perfect relevant laws and regulaions,and specific security can effecively guarantee the labor rights and interests given to farmer workers in the construction industry.