Study On Non-standard Employment Relationship

Non-standard Employment Relationship is a new employment relationship in China which comes to being and develops in recent years. Due to the differences with the traditional employment relationship, the existing legal system about legal relationship adjusts it less, resulting in lack of law. This essay gives a comprehensive study on non-standard employment relationship.In the first part, this essay clarifies some relevant concepts, knows the differences and relations between informal employment, informal sector employment, flexible employment, non-standard employment relationship, recognizes that although non-standard employment relationship is different from traditional employment relationship, but its essence is still employment relationship, because of its "non-standard" nature of the standard employment relationship as the objects of traditional labor law should be adjusted accordingly.In the second part, the essay analyses the feature and causes of the non-standard employment relationship, realizes that the change of economic structure, the development of service industries, flexible employment and the change of values contribute to the emergence and development of non-standard employment relationship, so its existence of rationality, will not have the crowd in labor law of adjustment.In the third part, through the analysis of other countries'and China scholars'the attitude towards non-standard employment relationship, this essay recognizes the correct attitude towards non-standard employment relationships is acknowledging it, and establishing the legal adjustment of non-standard employment relationship.In the fourth part, through analyzing the existing legal system on non-standard employment relationship, the essay recognizes that the existing legal system in our country has many defects and the attitude towards non-standard employment relationship is still negative. Because China's current legal system is still based on standard employment relationship, a large number of non-standard employment relations in real life appears to cause great impact to the current labor law system.The fifth part is the focus of this article, the contents of this section is the construction of legal system of non-standard employment relationship. This essay realizes that we should combine comprehensive adjustments and classification adjustments. In the macro aspects, the essay analyzes the concept of the Legal Regulation of non-standard employment relationship, identified elements, the focus of the legal adjustments and puts forward legislative proposals. The essay also analyzes the labor dispatch, part-time employment and other employment relations of several common types of non-standard employment relationship and puts forward corresponding legislative proposals. The writer thinks that the philosophy of the legal regulation of non-standard employment relationship has three main points: first, the nature of the non-standard employment relationship is still employment relationship; second, the protection of labor rights in non-standard employment relationship and the promotion and the realization of decent work; third, the principle of balance of interests, coordination of the relationship between the employer and the employee. The essay realizes that the key identified element of non-standard employment relationship is subordinate and flexibility. The adjustment of non-standard employment relationship should focus on the macro level, that is to use the labor standards law to adjust the minimum standards to protect the interests of vulnerable workers in society. The employment standards of the non-standard employment relation include working hours, rest and vacation, wages and labor protection. Finally, this essay analyzes the employment dispatch, domestic service, part-time employment, work-study, Retirement Employment and other non-standard employment relationship and gives some recommendations.