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The Relationship Between Atypical Work

Posted on:2012-08-28Degree:MasterType:Thesis
Country:ChinaCandidate:R L ZhaoFull Text:PDF
GTID:2206330332493993Subject:Science of Law
Abstract/Summary:PDF Full Text Request
Atypical labor relations is one of the adjusting aspects of labor contract. Currently, flexible employment is the key way to solve unemployment problem in China where aggregate quantity contradiction and structural contradiction have been seen in the social employment market. An in-depth study on atypical labor relations is aimed at solving the problem that the atypical labor relations does not meet the actual requirements. Thus a secured employment for both employers and employees shall be guaranteed so that sound employment relations shall be built.This article, taking a point of the legal definition of atypical labor relations, analyzes and demonstrates the properties of atypical labor relations in China's labor contract law system and discusses the feasibility of atypical labor relations in the current labor practice, which stimulates the establishment, regulation and perfection of the system in China.This article is divided into five sections. Section One introduces the legal definition on atypical labor relations and elaborates it through the comparison between typical labor relations and atypical labor relations. Section Two lists the reasons for the development of the atypical labor relations from three aspects:adjustment of industrial structure, market-oriented flexible employment and guidance of the government. It agreed on the social effects of atypical labor relations. Section Three analyzes the atypical labor relations defined in Labor Control Law of PRC. With part-time employment to be the example, employment security, value orientation, contract validity and the payment of social securities have been elaborated. Section Four describes the weak points of the atypical labor relations. On one side, it is not reliable. On the other side, employees under the labor relations cannot have his rights guaranteed. Through the weak points, legal supports to atypical labor relations are required. In Section Five, feasible suggestions are put forward on atypical labor relations in aspects of advertizing and education as well as the legal system. A mechanism is advised to be set up by joint efforts of governments, employers and employees to solve back salary problem.
Keywords/Search Tags:Atypical labor relations, Labor Contract Law of PRC, employee, Employment security
PDF Full Text Request
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