| It has been 10 years since the Labor Law was declared. And the conception of labor contract and the sense of right protection have been widely accepted. But since the system of our country's labor law is in the course of growth, especially the rules of the labor relation of fact are limited and unclear, so a lot of disputes about the labor relation of fact appear. In order to protect the legal right of the labor validly, it is necessary to learn from other nations and Taiwan area to build our own law about the labor relation of fact according to our nation's circumstances.This thesis includes four parts: First, the identification about the labor relation of fact; second, the characteristic of the labor relation of fact and the theoretical bases of its protection; third, rules of the labor relation of fact; fourth, the promotion of the rules of the labor relation of fact.The labor relation of fact was initially one kind of the civil relationship. But with the socialization of the product and the enlargement of the professional organization, the labor relation of fact has both the characteristic of the property and of the personal identification. The labor relation of fact is the contention of the labor right and obligation that is formed from the relation of the labor and the enterprise. This, however, does not conform to the labor relation in law. The labor relation of fact has two basic characteristics: it is a labor relation that conform to the general characteristic; The formation of the relation does not conform to the law.It has lots of different ideas about the characteristic of the labor relation of fact: first, the labor relation of fact is invalid, only the written labor contract is the legal form between the two aspects; Second, the labor relation of fact belongs to the unfixed labor relation, so the labor relation of fact is not invalid in fact, but the deadline of the contract is not fixed. Third, the labor relation of fact is ought to be protected. |
