农民工劳动权是直接关系农民工及其家庭生存和发展的重要宪法权利,但是,由于各种因素的影响其却遭到来自不同方面的侵害。从宪法权利层面来分析,一是农民工劳动权未得到平等保护,二是宪法基本权利体系不完善,缺乏迁徙自由、集体劳动权。因此,必须完善宪法基本权利体系,启动违宪审查制度,建立宪法诉讼制度,从根本上保护农民工的劳动权。 Migrant workers’ right to work is an important constitutional right that directly affects the survival and development of migrant workers and their families. However, due to various factors, it has been attacked by different parties. From the perspective of constitutional rights, the first is that migrant workers’ labor rights are not equally protected. Second, the basic constitutional rights system is not perfect, and there is a lack of freedom of movement and collective labor rights. Therefore, it is necessary to perfect the constitutional basic rights system, start the unconstitutional censorship system and establish a system of constitutional litigation so as to fundamentally protect the labor rights of migrant workers.