新生代农民工劳动权益保护研究

Research on Labor Rights Protection of Rural Migrant Workers of the New Generation

2017年,新生代农民工在全国农民工总量中的比例首次突破50%大关,新生代农民工已经成为农民工中的主要力量。虽然相较于老一代农民工而言,新生代农民工具有受教育程度高、城市适应能力强等优势,但依然面临各种劳动权益受损的情形,这些情形既包括老一代农民工所经历过的问题,亦包括专属于新生代农民工及在新业态下所出现的新问题。解决这些问题,使新生代农民工劳动权益得到有效保护,依然是构建和谐劳动关系中亟待解决的问题。为此,必须建立开放、流动、全面的农民工社会保障体系;加强培训,提升农民工的工作技能及法律素养;推进各行业集体合同签订,将农民工纳入集体合同保障范围内;建立针对新业态产业的保障体系;充分发挥工会在农民工权益维护中的作用。

In 2017, the number of rural migrant workers of the new generation accounts for more than 50% of the overall rural migrant workers of China for the first time, thus making rural migrant workers of the new generation a major force in rural migrant workers. Compared with the older generation of rural migrant workers, though rural migrant workers of the new generation boast advantages of higher education and better urban adjustment, they still face various kinds of labor rights infringement issues, which include but not limited to the issues experienced by the old generation of rural migrant workers but also new ones that belong to the rural migrant workers of the new generation in the new employment form. To solve the problems in order to guarantee effective protection of labor rights of rural migrant workers of the new generation is still a problem waiting to be solved to form harmonious labor relations. As a result, it is necessary to establish open, fluid, overall social security system for migrant workers;to strengthen training and upgrade the working skills and legal qualities of rural migrant workers;to promote collective contract signing of all walks of life to include rural migrant workers into collective contract protection;to establish social protection system targeted at the new employment form and to fully express the role of the trade union in the protection of the rights of rural migrant workers.