Labor & Employment Relations Case

About the employment relation as well as the key distinguish between labor and employment relations, there has no exist an explicit prescription in our country's actual law. This not only results in a widespread argument in the theoretic field, but also brings varied confusion to the practical justice regarding how to recognize it. Along with the accelerated economic restructure and the penetrated reformation of laboring institution, the labor dispute cases present an increasing trend and some new characteristic. In these cases, the key distinguish between the above relations were frequently involved. Varied outcomes resulted from different definitions directly affect the benefits of the two parties, which will ulteriorly impact our economic development and society stability. Therefore, consummating the current legislations relate to labor and employment relations is properly helpful in both theory and practical justice.This main body of this article is composed of five parts which regarding the research between labor and employment relations.Part I The case we study concerning the dispute between labor and employment relations is very typical in author's judicial practice working environment. Here, the author will present in detail the existing confusion in our practical law when these two relations have been distinguished.Part II Introduced some crucial standards for judicial practice to distinguish labor and employment relations in our, country's current law system, including the detailed outcomes resulted from different definitions and standards chosen, especially the latter protective standards variety which will directly affect the benefits of the two parties.Part III Downright analyzed the homogeneity of labor and employment relations. From the historical developing angle, no matter is the budding hiring relation in slavery or the employment relation in the modern society, there is no substantive change. At the point, these two relations are provided with the same substantive characteristic. Part IV Introduced three legal adjustment patterns of labor and employment relations, involving the analysis refer to both advantages and disadvantages. At the same time, expatiating the existing problems from the current adopted adjustment pattern "divide to rule", which points out its immediate result is to confuse the distinguish ability between labor and employment relations.Part V First of all, analyzed many merits of the labor law unification adjustment pattern of labor and employment relations, following by several points concrete legislative proposals. Finally, emphasized that the consummation of Labor Law system is a systems engineering, in which bring labor and employment relations into the labor law unification adjustment is only one tache. When and only when simultaneously modify and consummate the relevant laws and regulations, spacious laborers' legal right can be protected more and better.