Legal Issues' Research Of The Dual Labor Relations

With the socio-economic development, labor relations and the form of labor and employment have had great changes in China. In the early 1980s, the form of the dual labor relation that technical staff took part-time jobs began to emerge.Subsequently, the further development of part-time, the major scope of part-time employment had a further expansion including not only technical staff, but also ordinary workers. At the same time, retirees and re-employment of laid-off workers and other forms of dual labor relations began to emerge. At present, there are a lot of dual labor ralations, such as part-time employment, the labor dispatch services and the non-full time employment, in the labor force market in our country . The emergence and development of dual labor relations is the result of socio-economic development.However, because of the impact of the traditional theory of labor relations, the current labor law in China has not recognized the legitimacy of dual labor relations. When the courts are dealing with the dual labor relations cases, they will mostly judge the relations that were not labor relations as service relations, resulting in the rights and interests of workers with dual labor relations not receiving the fully and reasonable protection. China's social security laws and regulations lack clear definition of dual-labor relations. There is no legal basis when the workers with the dual labor relations have disputes of social insurance, industrial injuries, etc. with employers. Therefore, I choose the dual-labor relations as my topic .I think that theoretical circles should strengthen the study of the dual labor relations, and the legal profession should perfect China's current labor laws and regulations as soon as possible to promote the establishment and development of the harmonious labor relations.This article is divided into five parts. I will expound and prove the dual labor relations in five aspects : the development process, the general theory, empirical analysis, lack of regulation, and how-to-protect.The first part is about an overview of the course of development of the dual labor relations. First of all, there is a brief description of the course of development of the dual labor relations in China from three aspects :the origin, development and the status quo of the dual labor relations. After that ,there is a brief introduction of the development of the dual labor relations abroad. Then, there is a conclusion drawn on this basis: the emergence and development of dual labor relations are the inevitable result of social and economic development.The second part is about a detailed description of the general theory of dual labor relations,providing a theoretical basis for the comprehensive understanding and further refinement of the legal system of the dual labor relations. It first expounds the concept and meaning of labor relations,and then elaborates on the meaning and standards of the real dual labor relations,and then probes into the general characteristics of the dual labor relations,providing a good theoretical basis for expounding the dual labor relations. Based on the foregoing, it gives a comprehensive description of the meaning and composition elements of the dual labor relations ,and expounds the research value of the theory of dual labor relations.The third part gives a further empirical analysis of the current dual labor relations in our country. It has a specific analysis of dual labor relations ,such as "the reemployment of the retirees" , the non-full time employment, labor dispatch, and part-time employment. It furtherly shows that the dual labor relation is a kind of objective reality, and it is not in conformity with objective reality if ignoring the existence of dual labor relations or denying the legitimacy of the dual labor relations.The forth part expounds detailedly the laws and regulations of dual labor relations in China and the lack of the laws and regulations of dual labor relations in China. China's Labor Law did not have a clear definition of the dual labor relations .The relevant norms of dual labor relations are mainly embodied in "a number of issues on non-full-time employment" which was released by the former Ministry of Labor in 2003, Labor Contract Law and a number of relevant local laws and regulations. Judging from the current relevent laws and regulations of dual labor relations, there are still many problems: unclear provisions, inperfect contents, low-level effereiveness, and denying the legitimacy of dual labor relations.Therefore ,when the workers with the dual labor relations have disputes ,such as social insurance and industrial injuries with employers,their legal rights and interests can not be given due protection.The fifth part is about the specific measures of protecting dual labor relations directing at the shortcomings and inadequacies of the laws and regulations of the dual labor relations. Firstly, it is necessary to perfect the legal system of China's labor force, recognize clearly the dual labor relations and reasonably deal with the relationship between the dual labor relations and the prohibition of business strife in Labor Contract Law. Secondly, in order to protect workers with the dual labor relations , the labor law should limit the maximum working hours of dual labor relations. Thirdly,in order to improve the endowment insurance system, it is necessary to have express provision that every employer who employs workers with the dual labor relations bears the obligation to pay endowment insurance.At the same time ,in order to furtherly improve the industrial injury insurance system, it is neccesary to have express provision that every employer who employs workers with the dual labor relations bears the obligation to pay industrial injury insurance.For the two special dual labor relations :non-full time employment and services dispatch, it also raises more specific recommendations on its protection.