On The Disguised Labor Relationship

A disguised labor relationship is one which is lent an appearance that is different from the underlying reality,with the intention of nullifying or attenuating the protection afforded by the law.It is thus an attempt to conceal or distort the labor relationship,either by cloaking it in another legal guise or by giving it another form in which the worker enjoys less protection.As a new way to escape labor laws,it is adopted by some companies, and is going to be adopted by more and more companies.Though foreign Scholars did some study on the "disguised employment relationship", which is similar to the disguised labor relationship,Chinese scholars pay little attention and did little research on it,at this time it is a important question for us to study on how to keep this dangerous kind of labor irregularity within limits.As an abnormal kind of labor Relationship,the disguised labor relationship is a labor relationship in nature,but appears another legal relationship on the surface,or disguised by another fact or legal arrangement.of course its character is different from the other legal relationship it appears to be.And the works in the disguised labor relationship is reluctant to be involved in this relationship,but is forced to do so.The disguised labor relationship has many forms in practice.we divided the forms in to two categories.One is disguised by another legal relationship,this category contains two aspects:1.non-Forced Entrepreneurship,like:trainees,and employment relationship.2.Forced Entrepreneurship,like forwarders and agents.the second category is disguised by giving it another form in which the worker enjoys less protection,this category contains the labor dispatch. How to determine a legal relationship which appears not to be labor relationship is labor relationship in fact? The third section of this article did a research on the difference between labor relationship and other relationship.And set some practical standards to distinguish them according to different categories.At last,on the regulation of disguised labor relationship,the author provided some advises from the legislation,judicature and administration angles.Since that the disguised labor is a new way of evading legal responsibility,and its forms are complicated.The standards to distinguish the disguised labor relationship should be basic and flexible,to make it easier for the checkup according to different situation.