Abstract: With the help of CGSS2013 data, the paper uses the Probit model,2SLS method and Heckman two-step method to examine the effect of labor contracts, union identity and other factors on the protection of labor rights and interests. The empirical results show that workers with labor contracts are more likely to join labor unions than those without labor contracts, and union members have a higher probability to sign a labor contract than non-union members. In addition, labor contracts and union identity help to shorten the working hours per week, and to reduce the probability of overtime and illegal overtime work. From the perspective of employees' benefits, the welfare level of workers with labor contracts is higher than non-labor contract workers, so is the welfare level of union members and non-union members. Therefore, it is necessary to strengthen labor law enforcement and labor union organization construction so as to better safeguard the legitimate rights and interests of workers.

Key words: labor contract, union identity, labor rights protection, CGSS2013

摘要： 本文借助CGSS2013数据,分别采用Probit模型、2SLS方法和Heckman两步法来考察劳动合同和工会身份等因素对劳动者权益保障的影响。实证结果表明,有劳动合同较无劳动合同的劳动者加入工会的概率更高,加入工会较没有加入工会的劳动者签订劳动合同的概率更高。此外,劳动合同和工会身份均有助于缩短劳动者的每周工作时间,并在不同程度上降低加班、非法超时工作的概率。从员工福利来看,劳动合同工的福利水平较非劳动合同工明显更高,工会会员的福利水平也明显高于非工会会员。因此,有必要进一步加强劳动执法和工会组织建设,以更好地维护职工群众的合法权益。

关键词: 劳动合同, 工会身份, 劳动者权益保障, CGSS2013