Labor Contract Law, The Concept Of "employment" Study

"Using the employee"is a constantly used word during people's daily working and employment practice. The form of using the employee has been diversified by the development of national economics, which has brought up with plenty of employment issues. Before the publication of"Labor Contract Law of PRC", employment related law did not pay attention to the concept of"using the employee". (for example:"Labor Law of PRC"has not mention"using the employee")Ambiguity of legislation for"using the employee"has not only negatively influenced the uniformity of employment arbitration and court justice, but also negatively influenced employees correctively protect their relative interests. However,"Labor Contract Law of PRC"emphasized the concept of"using the employee"which has led to mitigate the confusion in past judicial practice.This essay mainly illustrates the concept of"using the employee"in"Labor Contract Law of PRC"in two aspects. One aspect is expressed by the establishment standards of employment relation."Labor Contract Law of PRC"modified the establishment standards of employment relation from signing employment contract to"using the employee". Therefore, this essay tries to restore the relation between"using the employee"and"signing employment contract", and research on the relation by 3 scenarios:"using the employee"and"signing employment contract"at the same time,"using the employee"before"signing employment contract","signing employment contract"before"using the employee".The other aspect is expressed by the article of"Labor Dispatch"in"Labor Contract Law of PRC"."Labor Dispatch"has its particularity which happens that the entity to use the employee and the entity to sign the employment contract are different. This essay makes the research on"using the employee"issues related to"Labor Dispatch"。. This essay is constitute by 4 chapters:Chapter 1 illustrates and analysis the elements of employment relationship by the evolvement process from"signing Labor contract"to"using the employee"Chapter 2 further discusses the basic concept of"using the employee"from several aspects such as implication, elements, date of using the employee.Chapter 3 researches on legal relation while the date of"using the employee"and"signing employment contract"are different. This chapter restores the relation between"using the employee"and"signing employment contract", and research on the relation by 3 scenarios:"using the employee"and"signing employment contract"at the same time,"using the employee"before"signing employment contract","signing employment contract"before"using the employee".Chapter 4 researches on using the employee related issue during labor dispatch due to the entity difference during labor dispatch (employment contract is signed between labor dispatch entity and employee, but the employee is used by employer entity). This chapter pay attention to the discussion of the legal relation among three entities due to the entities difference, rights and duties among three entities, and the liabilities between labor dispatch entity and using the employee entity when employee's interests is harmed.