The Agricultural Employment Relationship And Its Legal Adjustment

Traditional labor law was born in mechanization production in industry and commerce. The subordinate nature of the employers and the employees birthed the labor law in the industrial working, and it is also the foundation of the existence of the labor law. However, it is confusing that the labor law is not applicable to the agriculture labor. Why does the labor law not apply to the process of production and management in agriculture? For this, the paper does some investigation and research. As a result, a conclusion arrives that it is very necessary for the labor law applying to the agriculture labor. Agricultural employees are important products of the farmers' differentiation and they have become a very important group in our country. The agricultural employment relationship is an atypical labor relationship. It is a pity that the labor law evidently removes the rural laborers, which produced the blankness of law. It is unfair for the farmers, so the labor law needs to be improved.The paper includes three chapters. In chapter one, this paper first identify the definition of agricultural employment, and then analyzes the background of its production and development. Agricultural employees are those labors who are employed by agricultural producers and managers, work at the land and get payments. The employers are the agricultural producers and managers, who are usually the dabs at farming and feeding. They have the contracted management right of more lands by contracting and other meanings. The employers are usually the rural surplus labors, who are different from the additional farmers, peasant workers and personal employees. As a social phenomenon, the agricultural employment results from many facts. The industrial management of agriculture is the economic foundation and it needs scale production and management. The transfer of the rural surplus labors are the internal cause and the rapid development of urban economy provides the external promotion for the appearance of the agricultural employment. The agricultural employment has obtained significant development these years and it has become a trend of agricultural development and peasant employment in some developed rural areas. Chapter two demonstrated the subordinate nature and basic characteristics of the agricultural employment relationship. This part is firstly established on the foundation of the subordinate nature of the labor relationship, which is considered the basic premise on labor law researching and also the basis to judge whether some social relationship is the labor one or not. The subordinate nature of the labor relationship represents on the subordination in the personality and economy. The former means that the agricultural employees lose some freedom in working and they could only work under the orders of the employers. The latter means that the laborers are unable to carry out work at their will, thus lead to their subordination to the employer. The subordinate nature demands that the labor law protect the interests of the employees in larger degree. For this, every country promulgated some strict regulations in labor contracts, which contain labor reference laws, group contracts and individual contracts. In the agricultural employment relationship, the agricultural employees become the internal members of the economic organization of the employers and they are regulated by some working disciplines. There are some typical characteristics in the agricultural employment relationship, such as the complicated composing of the employers, the concurrent business of the employees and the absence of the trade union. Comparing with the traditional labor relationship, the alleviated appearance of the unbalance and subordination and the flexible contents of the labor.In chapter three, the writer analyzed the regulations of labor law that the agricultural employment relationship needs. Besides this, the paper also analyzed some complicated law predicament that the agricultural employment relationship faces. Considered from the angle of labor law function mechanism, the agricultural employment relationship demands perfect and flexible individual labor contract systems, it downplays to group contract, but enhances the need of labor reference laws. The agricultural employment relationship needs social insurance systems, administration inspect and service systems and labor controversy solving systems. However, what we have to notice is the agricultural employment relationship also faces many law predicaments. The labor reference laws and non-fulltime working systemsall expelled the law applying of such relationship, and the agricultural employment relationship also lacks the reason to apply the civil law. In this kind of case, we can't ignore the realistic problem and we have to combine the new characteristics of this law relationship to seek ways for progress.Chapter four concentrated to analyze how our current law can apply to the agricultural employment relationship. What we need to do first is to clear the basis for the labor law to apply to the agricultural employment relationship. The writer thinks we can draw lessons from the regulations of the individual industry and business and then bring the agricultural employees into the scope of "individual economy organization" in labor law. Secondly, what is also most important is to perfect the concrete labor law systems in our country, including building up flexible and perfect individual contracts systems, explicit the third strength——trade union, establish the social insurance mechanism and perfect the labor management system and labor controversy solving system, etc.In the end of the paper, the writer thinks the agricultural producers and managers and the agricultural employers are both the production of the differentiation of the farmers and they only means some kind of transitional identities. Along with the persistent development of our country society economy, the process of urbanization speeds up step by step, the degree of the industrialization and commercialization deepens gradually, the surplus labor force of villages will reduce slowly and the land will also head for concentration gradually. At that time, agriculture won't to be an "alternative" that differs from the industry and commerce. Agriculture, industry and commerce will respectively become the first, second and third industries under the market economy. They will conceive a same labor relationship and need unified labor rules and systems to regulate. The labor relationship with the label "agriculture" will lose existent value. But previously, it is one kind of labor relationship that can't be neglected. It is a duty-bound responsibility of the labor law to protect the agricultural employees' rights and perfect their weak law position.