(1) Unequal employment opportunities. Judging from the current situation in China, the employment opportunities of migrant workers have been restricted too much, depriving them of equal employment opportunities. Mainly manifested in three aspects: First, directly control the total administrative amount and restrict migrant workers from entering cities for employment. Most migrant workers can only enter the "secondary labor market" to engage in dirty, tired and poor jobs that urban laborers are unwilling to engage in. Second, the unfair charges for migrant workers' employment in cities. Migrant workers should pay family planning certificates, unemployment certificates, etc. When they leave the countryside, they have to pay for the city temporary residence permit and health certificate. These expenses undoubtedly raise the employment threshold for migrant workers. Third, the special preferential policies and measures for urban residents' employment and re-employment have caused administrative intervention in the competitive environment and de facto employment inequality.
(B) labor relations are not standardized. At present, some employers still do not sign written labor contracts with workers, or the contents are irregular, unequal and unreasonable. The reason is that migrant workers are highly mobile. The new generation of migrant workers have a higher pursuit of working environment, quality of life and career development, and it is difficult for them to work in one post for a long time. The labor contract is just a form for them. Second, there is a lack of basic legal awareness. Some migrant workers don't know how to protect their legitimate rights and interests through legal channels. Many people simply don't know that the establishment of labor relations requires a written labor contract. Although some migrant workers have signed labor contracts with employers, they have no basic ability to judge whether the contents of the labor contracts are equal and reasonable. Some even signed a "life and death contract" with the employer, which violated the law.
(3) It is difficult to guarantee wages and benefits. Mainly reflected in excessively low wages and different pay for equal work. First, many enterprises evade the legal provisions and regard the minimum wage stipulated by the state as the wage standard for migrant workers. Second, migrant workers are engaged in the same jobs as urban residents, but their wages are obviously lower than those of urban workers, and the phenomenon of different pay for equal work is more common. The third is to set harsh conditions, such as catering, construction and other industries to implement the full-month standard, and deduct one day's salary for one day of absenteeism; Some semi-productive enterprises and units implement piecework wages, which brings great uncertainty to the lives of migrant workers. The fourth is the arrears of wages for migrant workers. Take the construction industry as an example, some construction sites only pay the corresponding living expenses every month, and the wages are settled together until the end of the project or the end of the year. The contractor ran away with money and worked hard for a year without getting paid, which made many migrant workers choose extreme ways to ask for wages.
(4) The working environment is not up to standard. Many employers ignore the law and do not provide labor protection facilities, which threatens the safety and health of migrant workers. First, labor safety is not guaranteed. Some raw materials used by non-public enterprises contain dangerous chemicals, which greatly increases the incidence of accident injuries and occupational hazards. Second, the working environment and working conditions are bad. In order to reduce costs, most non-public enterprises do not equip migrant workers with labor insurance supplies. A special survey on the quality of life of migrant workers by the National Bureau of Statistics shows that more than half of migrant workers report that the safety protection measures in their work are not strict enough. Third, the special protection policy for female migrant workers has not been implemented.
(5) Social security is not in place. Due to the imperfect social security system, the handling rate of social insurance in employers is relatively low, and some migrant workers can not get effective relief after work-related injuries or occupational diseases, especially the problem of no medical care and no old age. The reasons for this problem are: first, the mobility of migrant workers is large and the employment situation is unstable; Second, employers often evade legal responsibility on the grounds that migrant workers are not willing to participate in insurance. According to statistics, in 20 1 1 year, only 68.37 million migrant workers participated in industrial injury insurance, accounting for only 27% of the total number of migrant workers.
(6) Lack of rights protection organizations. The degree of organization of migrant workers in safeguarding their own rights and interests and balancing labor relations is still very low. The National People's Congress Standing Committee (NPCSC) Law Enforcement Inspection Team's report on the inspection of the implementation of the trade union law pointed out: "Due to various reasons such as inadequate propaganda work and high mobility of migrant workers, some migrant workers do not understand the trade union law and the role of trade unions, and some grass-roots trade unions do not play their role sufficiently, and their cohesion is not strong, and their enthusiasm for joining the party is not high. At present, less than one-third of migrant workers in China join trade unions. " Migrant workers do not have their own trade union organization, which "determines that migrant workers are vulnerable to the market (enterprises) or state agents (governments)". "The low degree of organization dispels the possibility of condensing the weak voices of individual migrant workers and weakens their overall discourse ability. "
Legal basis:
People's Republic of China (PRC) social insurance law
Article 95 Rural residents who work in cities shall participate in social insurance in accordance with the provisions of this Law.
Ninety-sixth expropriation of rural collective land, the social insurance premiums of landless farmers should be fully arranged, and the landless farmers should be included in the corresponding social insurance system according to the regulations of the State Council.