Discuss De Facto Labor Relationship From The Point Of Non-Standardization Of Labor Relationship

De facto labor relationship is a counterpart concept of labor lawrelationship, which refers to a special kind of labor relationship, ithas the fact of labor relationship but does not have all the statutoryelements for a labor relationship as under applicable laws and regulations.Since the Labor Law sets for a standard mode for labor relationship, underwhich an employee shall establish labor relationship with his employer,and the employee shall work with the employer for eight hours a day, andthe lawalso establishes the minimum salary system, basic social insurancesystem and other relative systems. With the development of economy andadvancement of globalization, it saw various flexible employment systemsaround the world. In China, the flexible employment systems obtain a rapiddevelopment, in which, the traditional characteristics of laborrelationship are weakened, such as in part-time job, temporary employment, remote employment, SOHO, secondment of labor force. All such flexibleemployment systems are totally inconsistent with the existing laws ofChina. It is a difficult question on how to correctly recognize thenon-standardization of labor relationship and how to regulate suchnon-standardized labor relationship. It is also the aim of this Articleto discuss this question.In the Introduction, this article briefly introduces the relevantprovisions of the Law on Labor Contract (Draft) about the de facto laborrelationship, and the author contends that it is an effort of the law-makerto eliminate the non-standardized labor relationship, and so introducesthe thesis of this article-how to treat the non-standardized laborrelationship.In Chapter One, the Author holds that the non-standardized laborrelationship is not recognized by the existing legal system of China,which is a de facto labor relationship without legal basis. Because thedifference between the de facto labor relationship and the statutory laborrelationship is that whether it is on the basis of law or not, while thenon-standardized labor relationship with weakened characteristics oflabor relationship is totally in compliance with the existing laws ofChina, and so will be degraded as a kind of de facto labor relationship.In Chapter Two, the author further discusses the essential reasonswhy the non-standardized labor relationship is not recognized by theexisting laws and recently drafting labor contract law. These reasons canalso be reflected in three relevant discussions on the non-standardizedlabor relationship in the labor law academic circle of China. It is theopinion of the academic circle to restrict or even prohibit theapplication of oral labor contracts, multiple labor relationship andsecondment of labor force, which greatly affects the existing laws on negation of non-standardized labor relationship.In Chapter Three, it introduces the development tendency ofnon-standardized labor relationship in other countries. On the basis oflegal systems of the International Labor Organization and other countries,the author expatiates on the development and potential ofnon-standardized labor relationship in China, and so concludes that weshall positively face the tendency of non-standardized labor relationshipunder the background of fast development in flexible employment, and adoptsuch non-standardized labor relationship into the regulation of laws.In Chapter Four, the author proposes the detailed system design onadaptation of non-standardized labor relationship into the statue. Theissues of legalization, policy support and sound social protection areinevitable issues after recognizing the concept of non-standardized laborrelationship, only through which we can bring the non-standardized laborrelationship out of the plight of de facto labor relationship.