Legal Regulation Of Non-typical Labor Relationship

Labor relationship is man-to-man social relationship built up between employees and employers in the labor selling process. Its specific form is determined by the identity of employer and employee, and the employment ways. The existing Labor Legislation in our country only adjusts the labor relationships between employers such as the enterprises, individual economic organizations, State organizations, institutions, community groups, and the employees. Therefore in our country, a typical labor relationship is the one-labor relationship, in which employees ought to work eight hours one day, and follow the orders of employers. The Labor Legislation has made a series of relevant systems and institutions such as the minimum wage standard, the basic social insurances and so on.Under the influence of economic globalization and technology revolution in recent years, the labor market in our country has made profound changes, which can be seen in the reduction of the ability to accommodate labors in the primary and secondary industries, the constant scale expansion of service industry and population, and the increase in the number of labors. The labors have entered the state of low-cost competition in order to get employed, which leads to the occurrence of some non-formal employment. It causes the changes in the shape of labor relationship that the economic organizations take advantage of specific management modes to evade the formal employment, the employees take all kinds of employment to get employed, the employees and employers get into labor relationships in the illegal circumstance. And thus there comes a labor relationship with special form, namely, non-typical labor relationship.Specifically speaking, non-typical labor relationship is a special labor relationship which doesn't conform to or partly conforms to the general labor relationship in the aspect of form. It has the substantive characteristics of labor relationship, so it belongs to that category. However, compared with the typical labor relationship, it has the attributes of civil law as well. Therefore, some scholars call the non-typical labor relationship the special social relationship floating between civil relationships and labor relationships. Recently in our country, the adjustment of non-typical labor relationship is mainly based on the civil law, and some on the labor legislation. However, due to the subordinate attribute of non-typical labor relationship, the civil law adjustment cannot make the relationship between employers and employees equal in both form and essence. Therefore, the thesis contributes its theoretical advice on the adjustment of non-typical labor relationship.According to the above research ideas, the thesis consists of four chapters. Chapter One focuses on the foundation of legal regulation of non-typical labor relationship. It gives definition to non-typical labor relationship, and then gets the conclusion that non-typical labor relationship has the attributes of both civil law and labor law by means of the forms of non-typical labor relationship. The third section in this chapter makes a conclusion of the basic attributes of non-typical labor relationship. The fourth section in this chapter attempts to classify the non-typical labor relationship. It lists three classifications from the perspective of empirical analysis, which serves the following classified research. Chapter Two focuses on the evaluation of the civil law adjustment of non-typical labor relationship. It discusses the three classifications of civil law adjustment of non-typical labor relationship respectively, and at last it gives evaluation of the adjustment. Chapter Three focuses on the advice on the labor law adjustment of non-typical labor relationship. On the basis of the civil law adjustment in Chapter Two, the author puts forward her opinion on the labor law adjustment of non-typical labor relationship, so as to make up for the inadequacy of civil law adjustment.