Research On Legal Issues Of Laborer Protection In Affiliated Enterprise

The affiliated enterprise, as a new economic phenomenon, plays an increasingly important role in the current economic system. However, ensuing problems are looming, and the affiliated enterprise is faced with constant criticism. Of them, the problem concerning the labor law cannot be underestimated. The research on the protection of laborers in the affiliated enterprise is closely linked with innovation of the labor law theory concerned as well as some meaningful issues for practitioners, which may have obvious desirable effect. There exist some flaws in the application of traditional labor law theory to the affiliated enterprise, due to the peculiarity and complexity of the mode of employment in the affiliated enterprise. The affiliated enterprise has a great impact on the subject of labor relations and the content of labor relations, and mere reliance on subordinate standard will not achieve the accurate identification of labor relations of the affiliated enterprise. Meanwhile, the lack of legislation at present gives rise to conflicting juridical practice, and those causes hinder the effective resolutions of problems related to protection of laborers in the affiliated enterprise. For the sake of resolving those problems based on the principle of protecting laborers in the labor law, this dissertation, combining legislations and practice of developed nations, holds that the Enterprise Entity Theory should be brought into labor law in order to regulate labor relations of the affiliated enterprise. Under this background, the dissertation proposes specific measures to protect laborers in the affiliated enterprise. The whole dissertation is divided into five parts to analyze relevant issues:Chapter One, the Raise of the Issue-Protection of the Laborers in the Affiliated EnterpriseIn combination with other fields and foreign experiences concerning affiliated enterprise or affiliated relations, this part tries to identify the scope of the affiliated enterprise and to make the object of the research clear. On this basis, it deals with the impact of the affiliated enterprise on labor relations from the perspectives of the subject and content of labor relations. Finally, it summarizes specific issues about the protection of laborers in the affiliated enterprise by means of positivistic analysis, including the identification of labor relations in the affiliated enterprise, transfer of the post in the affiliated enterprise, labor dispatch of the affiliated enterprise, combination of different types of employment, the legal effect caused by the change of the juridical entity of the affiliated enterprise.Chapter Two, the Causes of the Problems concerning the Protection of laborers in the Affiliated EnterpriseFirstly, the employment in the affiliated enterprise is peculiar, and the specific mode of employment is complex. Secondly, it is not easy for the traditional labor law theory to identify the labor relations in the affiliated enterprise because of the shackle of subordinate standard. Lastly, for lack of the legislation, it is difficult to form a uniform rule in judicial adjudication. Under several elements referred to above, problems of protection of laborers in the affiliated enterprise become increasingly apparent.Chapter Three, the Perfection of the Subordinate Standard:the Application of the Affiliated Enterprise Theory in the Labor LawThrough the analysis of affiliated enterprise's nature, it is claimed that Enterprise Entity Theory is advisable to add new ideas to our knowledge of affiliated enterprise's nature. On this basis, it is proposed that Enterprise Entity Theory can be utilized to enhance the subordinate standard in the traditional labor law. Moreover, by virtue of foreign experiences related to protection of laborers in the affiliated enterprise, it is held that the incorporation of Enterprise Entity Theory into the labor law will contribute to the resolution of problems concerning labor relations caused by the affiliated enterprise, as well as the protection of laborers effectively.Chapter Four, the Clarification of the Labor relations in the Affiliated EnterpriseFirstly, the qualification of the affiliated enterprise itself or its subdivision as employing unit is illuminated in accordance with Enterprise Entity Theory. Secondly, under the arrangement of the affiliated enterprise, the reality of subordination should be taken into account. In addition, the identification of the real labor relations is possible by means of the combination between the Integrated Enterprise Standard in the U.S. law and subordinate standard in the Chinese traditional labor law. Finally, the responsibility of the affiliated enterprise as employing unit is clarified.Chapter Five, the Specific Measures to Protect Laborers in the Affiliated EnterpriseOn the basis of the analysis of problems in protecting laborers in the affiliated enterprise, this part addresses the approaches to protect laborers in the affiliated enterprise. It deals with the regulations concerning the transfer within the affiliated enterprise, labor dispatch, combination of different types of employment and the change of the juridical entity of the affiliated enterprise. Moreover, a comprehensive method should be used to guarantee laborers'legitimate interests in the affiliated enterprise.