During the process of China's urbanization, millions of rural
residents have moved to urban areas and gradually have become a
major work force in shaping our modern cities.
But a serious problem has long bothered these migrants: Their legal
rights and interests are often violated.
They are treated poorly at work, their wages often are not paid on
time, employers refuse to sign legal labor contracts with them,
their children have to pay extra money to attend urban schools...
the list goes on.
Sadly, while making up the backbone of China's labor construction
force, many are constant victims of discrimination.
While there are certainly some farmer-turned-workers who have
merged themselves quite well into urban life, most of them are
still walking the perilous edge of poverty.
The long existing urban-rural separation system has also led to a
psychological estrangement between city dwellers and rural laborers
now working in cities. In the eyes of some city residents, migrant
laborers are country bumpkins - rude and vulgar. Yet for most rural
laborers who earn their livings in cities, it is hard to feel any
advancement or the "civilization" of the cities in which they
reside.
But urbanization is a result of the country's reform and opening up
progress, as well as an inevitable trend in its modernization
process. More and more rural laborers and their families will
settle down in urban areas and become an inseparable part of the
urban scene.
Immediate efforts should be taken to reverse the unfair urban-rural
system of separation and to protect migrant workers' rights and
interests.
Wang Jingrong, vice secretary of the political and legislation
committee under the Central Committee of the Communist Party of
China, stressed that biased concepts against migrant workers should
be altered.
Around 100 million rural laborers currently work in cities, mainly
in construction, catering and manufacturing sectors. But many city
dwellers still hold incorrect ideas that migrant laborers are a
burden and negatively affect cities.
If
such concepts cannot be changed, problems concerning migrant
workers' rights will never be solved, let alone a long-term
mechanism forged to protect their rights, Wang said.
He
also suggested providing education to migrants, which will help
them improve their knowledge and ability to protect their rights on
their own.
Due to the high mobility of migrant workers, not providing
benevolent legal education for them is a weak point in the
implementation of China's legal popularization programs. From now
on, priority should be given to migrant workers in legal education.
Only when their legal consciousness and knowledge are enhanced can
these migrant workers defend their own interests and rights with
laws and regulations as their weapons.
Clearly, the current situation is that most migrant workers do not
know how to bring a law suit or cannot afford to do so when their
interests and rights are violated. That is why legal workers should
take an active role in providing pro bono legal assistance to
migrant laborers.
When commenting on migrant worker-related policy-making efforts, Qi
Jingfa, vice minister of agriculture, said it is a pressing task
for government to solve the employment problems of these surplus
laborers.
There are about 800 million rural residents in China, of which 150
million represent surplus labor.
The healthy development of a society needs a proper
income-distribution mechanism and fair social order. Migrant
workers are at the bottom of urban society and require more care
and protection. That is the way to promote unity in different
social strata.
The concerted development of rural and urban areas requires income
increases for rural residents, the free flow of rural labor to
non-agricultural industries and urban areas, and the
industrialization and urbanization of rural regions. Institutional
obstacles that lead to urban-rural separation should be eliminated.
A unified labor system, residence registration system and
compulsory education system should be developed, a matter closely
related to the welfare of migrant workers.
And a "people first" concept should be adopted in policy making, Qi
stressed.
For a long time, some local governments put economic growth as the
major index of officials' performance evaluations while ignoring
the unified development of society.
Migrant workers contribute to the minimizing of labor costs but
their basic rights as laborers have been ignored. Such a policy
model does not fit the current needs for a positive economic and
social development strategy.
Guan Huai, a professor at Renmin University of China, holds that
Labor Laws should be revised and improved in an effort to protect
the rights and interests of migrant workers.
Loopholes in the laws and regulations should be mended and
punishments of violators should be enhanced, Guan says.
In
the construction industry, where most migrant workers are employed,
companies usually do not sign labor contracts with migrants and
payments often do not reach workers on time. In many cases, due
payments have been delayed for months or even years. These are all
violations of Labor Law.
On
such payment defaults, the most eminent problem facing migrant
workers, Bian Yaowu, a member of the Chinese People's Political
Consultative Conference, has proposed a system to guarantee migrant
workers receive their pay timely.
He
said the system should reemphasize the legal rights of migrant
workers and give detailed prescriptions for making due payments on
time.
In
its reply to Bian's proposal, the Ministry of Labor and Social
Security stated that legislation to regulate the issue of payments,
contract management and labor security supervision is being
drafted. It also promised that supervision and law enforcement will
be enhanced and cases concerning migrant laborers' rights and
interests will be dealt with properly.
Migrant workers, major contributors to today's urban development,
deserve nothing less. It is high time their nation gives them
respect, recognition and equal treatment under the law.
(China Daily August 25, 2004)
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