摘要
建筑业农民工是我国城市化、工业化进程中出现的特殊群体,由于其文化水平普遍不高,从事体力劳动,工作条件艰苦,一般被视为低端劳动者,其权益保护问题一直是社会焦点。自1995年《劳动法》实施至今,中央和地方劳动政策一直在加强农民工的劳动权益保护,但建筑业农民工保护仍存在法律不到位、保护不利的状况,欠薪问题、工伤保险赔偿问题始终是该领域的老大难。建筑行业普遍采用发承包形式,层层转包、分包、挂靠等经营模式,农民工成为这一经营链条的最末一环,但劳动关系在很多情况下却处于悬空状态。本文梳理了现行法律对建筑业农民工劳动关系确认与否的有关历史认为,使劳动关系落地是解决建筑行业农民工权益到位的重要因素之一,推动其向标准劳动关系回归,明确用工主体的劳动法律责任,而非像有些司法实践做法放任为劳务关系。本文不涉及其他行业的发承包经营模式中劳动关系的讨论。
The construction migrant workersappear in the process of China's urbanization and industrialization as a special group.Because of their generally low educational level,manual labor workand hard working conditions,they are regarded as a low-end workers group and the rights and interests of themwhich are seen as a low-end workers group have been the focus of the society.Since the implementation of Labor law of the People's Republic of China in 1995,the labor policies of central and regional government have been always strengthening the protection of migrant workers' labor rights and interests,but ignoring the status of the protection laws about construction workers,and the problems of wage arrears and industrial injury compensation are difficult to solve for a long time.Due to the construction industry commonlytakecontracted management,layers of subcontract,subcontract and affiliated contract modes,the migrant construction workers become the last ring of this business chain,and their labor relations are usually usually difficult to confirm.The dissertationteases out the history about whether the modern law has confirmed the labor relations of migrant workers in the construction industry.Sinceconfirming labor relationsis one of the important factors to solve migrant workers' rights and interests,it is suggestedreturn to the standard labor relations and to make the labor responsibility of the main labors explicit,instead of recognizing them as labor contracts as some judicial units have done.The discussions about labor relations in contracted management mode of other industries are not included.
出处
《中国劳动》
2015年第5X期54-60,共7页
China Labor
关键词
建筑行业
劳动关系
确认
The Construction Industry
Migrant Workers
Confirmation of Labor Relations
