A Research On The Law Issue Of The Factual Labor Relationship

The adjustment of labor relationships in China has entered the legal road since Labor Law of the People's Republic of China come into force on January 1,1995 and Labor Contract Law of the People's Republic of China come into force on August 1,2008. The consciousness about rights of labor is gradually rooted into people's mind.The relationships of labor come to be stable and harmonious. The number of cases about actual labor relationships has significantly increased, the actual labor relations between employers and employees have gradually become a hot topic of common concern. However, so far, the fact of legal status of labor relations have not yet been fully established, except the Labor Contract Law Article 82:if a unit fails to reach a written labor contract with a laborer after one month but within one year of carrying out the employment procedures, it shall pay the laborer twice the amount of due remuneration foe his labor. On one hand, our country is still in a lower economic level, on the other hand, the law of labor system in China needs to be perfected in many areas. There is still presenting the unprotected rights covering the fact relationships.Therefore, according to the basis theories as well as the necessary for economic development, it is necessary to add the actual labor relationships to the labor law system.Drawing from the basic theories of the actual labor relationships, analysis the origins, conceptions, causes and construction elements, and using the analytic methods to study the distinctions between the actual labor relations and the relative conceptions and their connections, to make a sense in a comprehensive point of view of the relationships. Then, we will have some views of influencing our labor legal law so that we can analysis foundation about the theories from the different point of views. At last, through comparing the two legislations of the adjustment forms, for the ideas of protecting the labor relationships and according to the short ways of present law institutions and the concrete matters of the fact labor relations, making a clear statement in setting up the legal status, broadening the bound in the form of labor contracts, to give some advice in dealing with the double relationships in an adopted way and updated ones as well as shorten the illegal contracts.