论农民工劳动合同纠纷解决的法律机制构建

农民工利益被损害首先在于其合法的劳动合同利益被侵犯。立法上的不完善、用人单位的“强势地位”、农民工利益保护组织缺失、社会歧视的存在以及自身法律素质和能力的低下是农民工合同权益得不到有效保护的主要原因。农民工合同利益保护不仅是一个立法、执法、法律监督等多维互动的过程,更需要培育农民工维权组织,加强对用人单位和劳动者法律意识特别是合同意识的培养。

Establishment of Legal Mechanism to Settle Contract Dispute between Peasant Workers

The harm of interests of the peasant workers lies in firstly the infringement of their lawful interests of labor contract.The main reasons are as follows:the imperfectness of legislation,the domination position of the unit of organization,the absence of the organization of protecting their interests,the existence of social discrimination and the lower legal innate and ability.the protection of the contract interests of the peasant workers is not only a process of legislation,the execution of law and legal supervision which are interacted each other,but also to cultivation the rights-protecting their organization,and strengthen the cultivation of legal sense especially contract sense of the unit of an organization and labors.