A Study On The Determination Of Labor Relations In Qualification Leasing Of Business

At present, the construction project, and motor vehicles in the field of borrowing business qualification has become a universal phenomenon, although China’s labor laws and regulations continue to improve, but in real life business qualification borrows this kind of diversified employment way makes related disputes emerge in endlessly, new types and new problems continue to emerge, in which the illegal contracts, illegal subcontracting, affiliated business model caused by labor disputes is not in the minority. No qualification of the labor contractor, illegal subcontracting subcontracting, illegal subcontracting subcontracting and qualification borrowed affiliated business operator qualification borrower to borrower’s conduct business activities in the name of, which employ workers labor relations belonging identification and labor for casualties of the legal responsibility bear, despite the provisions of the laws and regulations of the labor and social affairs, the Ministry of human resources and social and the Supreme People’s court, but theory also being controversial, it is difficult to reach a consensus, and there are many misunderstandings in practice, so that local arbitration committee, the court on the dispute practices can not be unified. This is, of course, with the laws and regulations in the content of some description is vague, and legal norms, the content exist some conflicts are not unrelated, but there is no denying that there are theoretical guidance is not in place, business knowledge skilled enough and other reasons. It not only violates the legal rights and interests of the parties in the legal relationship, but also deeply violates the fairness and justice of the law. Therefore, this paper try to comb the demonstration, in order to academic circles and judicial practice circles to reach a consensus as soon as possible, can provide a useful reference for the practice departments.The main body of this thesis consists of three parts. The first part mainly introduces Wuhan pomegranate red and green fruit and Vegetable Logistics Co., Ltd., Liwenge v. labor dispute case, Hunan Zhuzhou Ruifeng Construction Engineering Co., Ltd., Luo Chongqiu labor relations disputes, meager, Deng Xiuli v. China Telecom Corporation Limited Liability Company Xuzhou branch company, Xuzhou Thailand surplus trade limited liability company confirmed the labor relationship case of three cases of the basic situation of the case, the verdict and three cases of disputes focus: Business Intelligence use case borrow the hiring of workers labor ownership should be how to identify? Who and how to bear the legal liability for the borrower and the borrower when the employee is injured in the operation? The second part is the in-depth analysis and discussion focus on three cases of dispute, the first part analyzes the issues related to labor relations in the case of the standard, the relevant theory, mainly from the labor relationship recognized by the relevant laws and regulations and business qualification case borrow business qualification of legal relationship between the borrower, Borrower, laborer are discussed, and analyzed the business qualification whether there is the key problem of labor relations between the borrower and the borrower workers employed, and puts forward the author’s personal views: Labor and business qualification of a labor relationship does not exist between borrowers, invalid labor relations established and workers employed his business qualification of the borrower; secondly, on the basis of labor the relationship between workers belonging to the business qualification out bear the legal responsibility of the borrower and the loan, that is, the operating qualification of the borrower and the borrower to jointly undertake limited joint and several liability. The third part describes three cases of studying conclusion and triggered by the case law thinking, to disconnect from the provisions of the relevant legal documents and judicial practice in the case, to borrow, the framework of the legal system of enterprise business qualification workers because workers are injured relief path, and thus lead to deal with this kind of case is badly in need of solving problems, to solve the problem put forward to improve the existing policy of borrowing business qualification of legal advice.The case analysis and theoretical research combined with the methods, through the analysis of three typical cases in the judicial practice, focuses on the research of business intelligence to borrow the related labor disputes in this focal point question, and then come to the conclusion that the main problems exist in this kind of case and on the related legal advice, in the hope of providing some theoretical and practical reference for our country in the future this kind of case.