Study On The Factual Labor Relationship

The promulgation and enforcement of ((labor law)) & ((labor contract law)) ,they make our country labor relation adjusting come into legal system, the conception of labor contract and the consciousness of preserving right gradually go deep into popular feeling, the labor relation appear out stabilization and harmonious state as a whole. But developing with the fact that our country market economy system reformation draws, the economy with different types of ownership component exists side by side, and vigorous, especially Individual, private, foreign capital, development of non-pubic sectors of the economy and state-owned, collective enterprise changing system and reformation, labor relation becomes diversified complicated and various day by day, labor disputes increases by gradually. Among of them, lots problems of the fact labor relation also greatly appears, One hand is that our country economic development level is in the underdeveloped stage of place, the other hand is that system needs perfect. At present, the law status of the factual labor relationships and its resolution mechanism has not completely established yet. Hence the labor has difficulty in protecting his legal right effectively when dealing with the real employment of his own, which influences the harmonious and stability of this field. In fact, according as some definite legal basis and the real necessary of the development of economy, it's feasible and essential to bring the factual labor relation into the labor law system's protecting bound.Using many methods such as comparative study,example analysis,interpret analysis, this thesis analyzes the theory basis of the labor contract, and then puts forward some private attitude on some blur and disputed issue, which has some revelatory effect in the legal basis research and system regularity about law relationships.This paper starts from the fundamental theory of the factual labor relation, discuss all round the law question of the factual labor relation. The text is arranged according to the following structure. Firstly, foreword part introduces the existence background of the fact labor relation, thereby draws from discussing the necessity of fact labor relation and its theory significance and reality significance. And then detailedly expound the fundamental theory of the factual labor relation. This paper gives analysis from the concept, character of the factual labor relation and comparison of relevant concept such as forming cause, showing a type, it makes me have synthetical angles of fundamental cognition of the factual labor relation. Secondly, this paper introduces the factual labor relation which contains home and abroad relevant regulation and current situation of our country. This paper aims that gets the idea and machine-made drawing lessons the factual labor relation of our country by comparison. And then analysis the factual labor relation which causes effects on servant unit and laborer and educe the legal protection of the factual labor relation and return to the necessity making. and analyze system theory basis the factual labor relation concerning protection and returning to never with the angle For posterior analysis provides forceful theory prop up. Finally, it mades definition of the factual labor relation clear ,and relax the labor contract demands and deal with the problems of invalidate labor contract, double or multiple physical labor relation and bring forward a little suggestion measure and get a little rich constructive conclusion. The final part is concluding remarks, sum up the text and bring forward study direction in the future.