Factual Labor Relationship And Legal Protection

It has been 10 years since the Labor Law was declared. And the concept of labor contract and the sense of right protection have been widely accepted by the people. But the factual labor relationship and other problems have appeared. It shows that the system of our country's labor law is in the course of the growth, and its system and structure have many defects. At present, the legal status of the factual labor relationship still does not establish completely. The parties'rights and interests of the factual labor relationship is difficult to protect effectively, and it endangers the stability of the labor relationship, affects the quality and the process of the reformation of enterprise. Accordingly, we must consider and fix the factual labor relationship again. In fact, the factual labor relationship has retained the substantive factors of the labor relationship and accorded with the principal characters of the labor relationship. Therefore, providing the factual labor relationship with legal protection is the demand from the theory and the reality.This thesis starts with basic theories case study concerning to the factual labor relationship,and probes into the meaning of the factual labor relationship by using the method of comparative analysis,and then sums up its range and characteristic. By using the method about theory analysis,it tries to research the differences and relations between the factual labor relationship and other concerning relationship. Then by considering the attitudes in the theory, it induces three kinds of theory viewpoints that affect our labor legislation,"the void theory""the pattern exchange theory"and"the overall protecting theory". The thesis mainly discusses and analyses the three viewpoints from theory to practice, points out the malady of the two viewpoints and proves the rationality of the third. From the angle concerning the internationalization, it introduces other country's relevance regulation and Taiwan area regulation. According to the thought commenting on"the overall protecting theory"and concrete conditions in our country, the thesis gives some legislative suggestions.