On The Legal Protection Of Factual Labor Relationship

Factual labor relationship is a special labor relation that protected and confirmed by the "Labour law of the People's Republic of China", and it is a peculiar phenomenon under the legal system of current labor of our country too. This thesis start with basic theories case study concerned to factual labor relationship, and probe into the meaning of the factual labor relationship by using the method of comparative analysis, and then summe up its range and characteristic. By using the method that theory analysing, it study and prove the work noumenonn problem that concerned and gone on such problems as legal protection, etc. From the fact between agreement and labour contract, it is known to analyse the essence of the factual labor relation. Then it start with the composition important document of factual labor relation, analysing with other relevant difference of social relationships and so on. On the legal protection issue that concern to factual labor relation , it analyse the special impact on the labour and capital of both sides, and has described thoroughly the necessity which carried on the legal protection, thus the mode of proposing the legal protection is explored. End of article, it expound the fact of our country practice appearring factual labor legal consequence of relation by method that real example analyse, and analyze the defect and deficiency that our country's existing legal system exists, putting forward the solutionlegislating, and the corresponding legal measure on suiting well with the labor relation of our country fundamentally.