疫情期间农民工若干权益保障探析

Analysis on Protection of the Rights and Interests of Migrant Workers during the Epidemic

疫情特殊情况下,各省市中小企业都受到波及,部分劳工因地域限制,存在较难返回工作地之情形,而就算在国内大部分地区已经解封的当下,受工厂隐性歧视影响,其复工之路依旧漫长。而实务中,虽已有国务院要求促进复工、保障稳定就业之指示,但基于农民工本身认知不足、工作性质不稳定性高的特点,其权益保障仍存在现实障碍。因此,本文试从劳动关系的成立、存续、终止三个方面去论述疫情下农民工复工之权益保障及救济措施。通过加强对违法行为的遏制,保护受损劳动者,助益经济的复苏及持续发展。

The sudden outbreak of COVID-19 has effected almost all small and medium-sized enterprises in China.Their workers are unable to return to work due to geographical restrictions.Even if most areas affected by the epidemic have been unlocked now,due to the hidden geographical discrimination,these workers'road to resuming work is still rugged and hazardous.In reality,although the State Council has issued a lot of policies to promote work resumption and ensure stable employment,however,because of the cognition limitation of the migrant workers themselves as well as the high instability of their job,the protection of their rights and interests is still faced with great obstacles.Therefore,this paper tries to analyze the protection of migrant workers'rights and interests and relief measures for them during the epidemic period from three aspects:the establishment,survival,and termination of labor relations,in an effort to provide protection for the impaired labors,and help promote the economic recovery and sustainable development.