On The Subject Of Workers In The Labour Code Defines Standard

The standard of defining subjects of labor is a complex legal issue in the labor law. On a worldwide scale, in this case, the common law countries mainly taken "control doctrine " ,in civil law countries mainly take the "subordination doctrine . in China's "Labor Law" , the scope of subjects of labor are employing units and the personnel workers ,who have labor relations with the units. Summarizing and citing is its' method.Workers in China's Labor Law is been limited the person who have labor relations with employing units. The drawbacks of this approach are not obvious when our country is beginning its market-oriented economy. As the process of China's market-oriented economy developments and the economy rapid growing, not only China's laborers class has been formed, but also the class of workers showing a diversified development state in the whole community.Among them, the ordinary workers such as general workers even semi-unemployed workers are on the vulnerable status , but the company's senior management personnel, as well as other forms of more labor workers such as lawyers, accountants, athletes are in a relatively strong position. As our country's labor law is in the broad scope of adjustment of the processing and the enactment of lax enforcement and other issues, the majority of ordinary workers are often the victims. At the same time, because of the labors in a relatively strong position have a relatively strong social and economic status, so that their legitimate rights and interests of the general not easy to abuse, even if their legitimate rights were hurter, the cost of their interests protection is relatively low. Under the current "Labor Law" and "Labor Contract Law", the labors in a relatively strong position and the labors in a relatively weak position equally applies to the same adjustment mechanism, therefore, they are all to be protected inclined under the labor law. So there will be strong stronger, the weak weaker. The emergence of "aristocratic" tendency in labor law grows, and this is against the purpose of Labor Law whose basic nature is protecting the vulnerable workers. At the same time, it would also lead to contradictions and conflicts between "Labor Law" and "Company Law," "Partnership Enterprise Law" and other relevant laws . that in the end put labor law in a embarrassing situation. Therefore, the standard of defining subjects of labor law is extremely important on theoretical and practical.First of all, this Papers beginning with analysis of a case. In accordance with the "tilt protect" standard, I analyzed whether the practice partner of accountants, is the workers on the labor law.Secondly, on the base of the above, I outlined domestic and foreign theoretical viewpoints about the defining standards of laborers on the labor laws, and agreed that this is the core standards.Again, I specifically analyze the status quo of the formation of the laborers and its class stratification in our country, as well as characteristics of a strong labor in the economy, the nature of work, social status. In view of this situation, I put forward the "tilt protect" standard, this is a supporting standards to define the status of workers. I advocated the combination of "subordinate" standard and the "tilt protect" standard that will limit the scope of protection on the real vulnerable groups excluding the strong.Finally, under this standard, I concretely analyze legal adjustments of the company's senior officers and athletes.