2023-09-28 14:46:10 +00:00
|
|
|
abstract: 'China''s main comparative advantage in international competition is its
|
|
|
|
|
|
|
|
|
|
cheap labour, mostly migrant workers from rural areas. Migrant workers
|
|
|
|
|
|
|
|
|
|
play an important role in the economic development of China. Since 1978
|
|
|
|
|
|
|
|
|
|
when China began to adopt the reform and opening-up policy, more and
|
|
|
|
|
|
|
|
|
|
more migrant workers have poured into cities and towns to seek better
|
|
|
|
|
|
|
|
|
|
employment opportunities. However, besides low wages, they have to
|
|
|
|
|
|
|
|
|
|
endure long working hours and dangerous working environments. In
|
|
|
|
|
|
|
|
|
|
addition, many employers do not contribute social insurance for migrant
|
|
|
|
|
|
|
|
|
|
workers at all, leaving them vulnerable to unexpected living costs.
|
|
|
|
|
|
|
|
|
|
According to a survey conducted in the Yangtze Delta Region by the Legal
|
|
|
|
|
|
|
|
|
|
Aid Program for Migrant Workers at Nanjing University in August 2009,
|
|
|
|
|
|
|
|
|
|
only 39.3 per cent of migrant workers have pension schemes, and 31.5 per
|
|
|
|
|
|
|
|
|
|
cent of migrant workers have not joined any social insurance schemes of
|
|
|
|
|
|
|
|
|
|
any sort. In some cities such as Wenzhou, even fewer are covered, as
|
|
|
|
|
|
|
|
|
|
only 15.4 per cent of migrant workers have a pension scheme and 50 per
|
|
|
|
|
|
|
|
|
|
cent of migrant workers have not joined any social insurance scheme.
|
|
|
|
|
|
|
|
|
|
When migrant workers become old, sick, unemployed or injured in
|
|
|
|
|
|
|
|
|
|
industrial accidents, they fall into poverty because they cannot apply
|
|
|
|
|
|
|
|
|
|
for social insurance benefits. Among these problematic issues, old-age
|
|
|
|
|
|
|
|
|
|
insurance should be specifically highlighted because more migrant
|
|
|
|
|
|
|
|
|
|
workers are reaching their retirement age. There has been an increasing
|
|
|
|
|
|
|
|
|
|
number of pension cases filed at the courts of law. However, many courts
|
|
|
|
|
|
|
|
|
|
refuse to proceed with the hearings of these social insurance cases, or
|
|
|
|
|
|
|
|
|
|
apply inappropriate legal doctrines in the trial process. It is also
|
|
|
|
|
|
|
|
|
|
almost impossible for migrant workers to get legal redress for their
|
|
|
|
|
|
|
|
|
|
pension benefits when their employers fail to comply with the law and
|
|
|
|
|
|
|
|
|
|
contribute fees for them. It is imperative for the Chinese government to
|
|
|
|
|
|
|
|
|
|
unify the old-age insurance system countrywide.'
|
|
|
|
|
affiliation: 'Zhou, CZ (Corresponding Author), Nanjing Univ, Sch Law, Nanjing, Peoples
|
|
|
|
|
R China.
|
|
|
|
|
|
|
|
|
|
Nanjing Univ, Sch Law, Nanjing, Peoples R China.'
|
|
|
|
|
author: Changzheng, Zhou
|
|
|
|
|
author-email: earnestzhou@gmail.com
|
|
|
|
|
author_list:
|
|
|
|
|
- family: Changzheng
|
|
|
|
|
given: Zhou
|
|
|
|
|
da: '2023-09-28'
|
|
|
|
|
eissn: 0219-8614
|
|
|
|
|
files: []
|
|
|
|
|
issn: 0219-7472
|
|
|
|
|
journal: CHINA-AN INTERNATIONAL JOURNAL
|
|
|
|
|
language: English
|
|
|
|
|
month: AUG
|
|
|
|
|
number: '2'
|
|
|
|
|
number-of-cited-references: '8'
|
|
|
|
|
pages: 135-150
|
|
|
|
|
papis_id: 4a412c48d74a01564b1617c90242c4a1
|
|
|
|
|
ref: Changzheng2015legalprotection
|
|
|
|
|
times-cited: '1'
|
|
|
|
|
title: Legal Protection of the Right to Old-Age Insurance for Migrant Workers from
|
|
|
|
|
Rural Areas in China
|
2023-10-01 08:15:07 +00:00
|
|
|
type: article
|
2023-09-28 14:46:10 +00:00
|
|
|
unique-id: WOS:000360141000008
|
|
|
|
|
usage-count-last-180-days: '3'
|
|
|
|
|
usage-count-since-2013: '26'
|
|
|
|
|
volume: '13'
|
|
|
|
|
web-of-science-categories: Area Studies
|
|
|
|
|
year: '2015'
|
