Certain Issues Regarding the Application of Labor Laws to Agricultural Migrant Workers: A Case Analysis of the Chang v. Chen Lawsuit

Authors

  • Shisi Chen

Keywords:

Migrant Casual Labour; Nature of Employment; Contractual Application; Labour Law.

Abstract

In the rapid development of the market economy environment of farmers casual workers become an important participant in the labour market, but this kind of subject is often because of the lack of legal knowledge is difficult to protect their legitimate rights and interests. In this paper, the case of peasant casual labourer Chang v. Chen as an example reveals that peasant casual labourer is difficult to identify the nature of the employment of the same problem, as a basis for further leading to the application of the contract is confusing, and then in the protection of the rights and interests of the peasant casual labourer fuzzy zone. Migrant casual workers are a large class of subjects, which specific disputes are complex, in order to better put forward useful insights, the article in order to fit the four characteristics of the case to limit the scope of the subject, and then to determine the nature of the subject of the employment of such subjects in order to put forward a reasonable solution.

Downloads

Download data is not yet available.

References

Chen Suifang. Exploring the form of labour contract in comparison[J]. Law and Society, 2008 (23): 74-75.DOI: 10. 19387/j. cnki.1009-0592.2008.23.037.

Wang Xiaojuan. Discussion on the difficult problems of the legal application of part-time employment [D]. Jilin University, 2009.

All-China Labour Dispatch Issues Group. Survey on the Current Situation of Labour Dispatch in China [J]. China Labour, 2012(05):23-25.

Tu Yongqian. Reasons for Abuse of Labour Dispatch System and Legal Regulation[J]. Politics and Law Forum, 2013, 31(01):177-183.

Hu Yuhang, Cao Qiang. Research on the problems and countermeasures related to the protection of the rights and interests of part-time employees[J]. Legal Expo,2022(19):148-150.

Zhang Weihua. Suggestions on Legislation on Farmers' Burden[J]. Chinese Law,1997(06):41-47.

Zhong Xiaohan. Labour Mobility and Wage Differentials[J]. China Social Science,2006(01):34-46+206.

Zheng Gongcheng. Rights and interests of migrant workers and social security[J]. China Party and Government Cadre Forum, 2002(08):22-24.

Liu Yaqing. Advantages and Disadvantages of Labour Dispatch and Optimization Suggestions of China's Enterprises [J]. Enterprise Reform and Management,2023(12):61-63. DOI:10. 13768/ j. cnki. cn11-3793/f. 2023. 0682.

Luo Zhixian. Legal Protection of Migrant Workers' Right to Social Security[J]. Modern Law,2006(06):114-121.

Downloads

Published

02-11-2023

How to Cite

Chen, S. (2023). Certain Issues Regarding the Application of Labor Laws to Agricultural Migrant Workers: A Case Analysis of the Chang v. Chen Lawsuit. Transactions on Social Science, Education and Humanities Research, 2, 75-82. https://metadata.wepub.org/index.php/TSSEHR/article/view/138