【作者】 王蕾；

【导师】 杜宴林；

【作者基本信息】 吉林大学 ， 法学理论， 2010， 硕士

【摘要】 20世纪80年代中后期,随着我国工业化程度的加快和城市化进程的推进,越来越多的农民进城务工经商,“农民工”一词应运而生。农民工是中国在特殊的历史时期出现的一个特殊的社会群体,目前,已经超过2.1亿人口。随着农民工人数不断增加,农民工在社会经济发展中的地位和作用也不断增强,但是其生存权、经济权、就业权、财产权以及政治文化、教育等方面的权利和利益,均因失地而受到不同程度的损害和影响。在受损害的各权利中,就业问题是最基本、最亟需解决的问题。因为就业是谋生的手段,是农民工生存和发展的前提,如果连生存都无法保证,维护社会的和谐安定无疑会成为奢望。然而受各种因素的影响和制约,学界对平等就业权的研究还未达成普遍的共识。在整体上,平等就业权的正面研究是被“边缘化”的,无法形成丰富的理论沉淀和强有力的理论支撑体系,平等就业权的界定一般被简单地解读为禁止就业歧视。然而一切禁止就业歧视制度的创设,首先必须建立在一个完备的平等就业权利制度的基础之上,否则,平等就业权,这种看似“天经地义”的存在于我们社会生活中的规则就会常常被忽视,平等就业权应有的基础地位就会被摧毁,其导致的问题就会累积到危及社会和谐与稳定的严重程度。本文试图对上述问题进行一些思考,以求为农民工就业权的现状改进尽自己微薄之力。更多还原

【Abstract】 China is a large agricultural country, and farmers are the largest class. With economic development, and the continuous progress of the urbanization process, rural surplus labor force begin pouring into cities. The interests of farmers are being damaged more and more in the cities, many new situations and new problems that need to be solved quickly arise. It must be noted that whether we can solve Three Rural Issues or not will affect the stability and development of rural society. If we can solve "the issue of migrant workers the right to work" well is a key to solve Three Rural Issues. This article will focus on "the right to equal employment of migrant workers", and Reveals the status quo of Equal employment of migrant workers in China right now on the basis of dissertation of basic concepts and theoretical basis of equal employment rights of migrant workers, and propose a reasonable suggestion at last. This article use comparative analysis, theoretical analysis, value analysis and other methods, aim to find Legal remedies of equal employment rights of migrant workers, analyze equal employment rights of migrant workers by Legal Perspective, and propose a reasonable suggestions, Sought through the efforts of each of legal us, to build a good legal system to protect equal employment rights of migrant workers. This paper is divided into six parts. The first part is introduction to elaborate the significance equal employment rights of migrant workers for the solution of many problems about migrant workers. The second part analyze the basic content of equal employment rights of migrant workers in—depth by two aspects of international law and domestic law, and reveal the basic features of equal employment rights of migrant workers. The third part described the legal basis and the theoretical basis of equal employment rights of migrant workers. Equal employment rights of migrant workers protection have not only the practical necessity but also a profound theoretical basis. In theory, Equal employment rights of migrant workers protection is necessary requirement of social equity、social justice concept and a market economy establishing. The fourth part describes status of our equal employment rights of migrant workers and their lack. Migrant workers, as a special group of large, has become a major factor in national economic development and promoting. But, equal employment rights of migrant workers in the course of their work are vulnerable to abuse, and equal employment rights for migrant workers legal protection should be improved. Accordingly, this part analyses the factors of damage to equal employment rights of migrant workers, Including access discrimination, corporate discrimination, employment discrimination, wage discrimination, human rights discrimination etc. And then investigate problems in equal employment rights of migrant workers from the legislative level. The fifth part tries to find a method from the perspective of the law to improve equal employment rights. And propose legal measures to improve protection of labor rights of migrant workers through legislation, law enforcement, and smooth labor rights aspects of the relief mechanism. The last part Try to come to a conclusion on the basis of the previous article discussed, equal employment rights of migrant workers is the key to solve problems of migrant workers, Protection of equal employment rights of migrant workers is a necessary requirement of equity and justice, a choice that social development must need . Only when we solve the problem of migrant workers to equal employment well, Social stability, economic development and other major issues can be solved successfully.更多还原