On The Legal Protection Of Factual Labor Relations

Actual Labor Relationship is with the labor contract relationship to a relative concept, in essence also belong to the category of labor relations. But because of our country reform and open policy caused by the economic boom, with the relative labor law protection system in the face of changing the impact of labor disputes when appear restrictive, in labor laws and regulations in the Actual Labor Relationship law protection regulations is little and then little, so in practice processing Actual Labor Relationship of the dispute, the judge often caught could not be in accordance with the dilemma. In the labor relationship, when legislation are missing, or has holes drilling, as weak one the lawful rights and interests of workers tend to face the most direct violation. And labor relations as a social the public, one of the legal relationship, whether the stable and harmonious, also directly affect the whole society’s steady. So in order to effectively protect the lawful rights and interests of workers, it is necessary to learn from foreign advanced legislation idea, and combined with the actual condition of our country, the fact that the concept of labor relations, validity and the workers and the employing single pull the rights and obligations under the definite regulations.This paper, from the fact that the concept of labor relations, is clear about the fact that the components of the labor relations and the applicable scope, this paper reveals the fact labor relations and related legal relationship of distinction, according to the different countries and regions relevant Actual Labor Relationship the legislation comparison research, and to our country labor law in the history of the Actual Labor Relationship the provisions of carding analysis, finally according to the facts of the specific conditions of the labor relations, from the point of view of labor legislation, and puts forward some Actual Labor Relationship law protection Suggestions.This paper is divided into three chapters. The first chapter through summarizing the contrast theory, practice circles to Actual Labor Relationship of the different views, the concept of Actual Labor Relationship gives their point of view. Then by comparing Actual Labor Relationship and related social relations distinction, further clarify the definition of the labor relations of fact. The second chapter first introduced to different countries, regions Actual Labor Relationship legislation, to show the world today for Actual Labor Relationship the basic pattern of legal protection, at the same time, summarized our country Actual Labor Relationship in theoretical and practical operation problems facing. The third chapter combining with China’s actual conditions, from the Angle of labor legislation on how to perfect our country’s Actual Labor Relationship the legal protection idea is put forward.