Adjustment Of Non-standard Labor Relations Law

As the development and deepening of market economy, the transformation of industry structure, the progress of information technology and the change of cultural concept, the traditional form of employment has been stricken by a new form of employment that is more flexible, this cause the diversification and complication of labour relation. So a new kind of labour relation which is called non-standard labour relation appears. The non-standard relation is very important for the satisfaction of flexible employment of employers, the increase of employment opportunities, the fair competition of economic environment, and the enhance of labour efficiency. However, the current labour law regulations is not suitable for the regulation of non-standard laobour relation, so the regulation of labour relation is always situated at the edge of the area which is regulated by labour law and other law related. The lack or even absence of legal regulation, which blocks the development of non-standard labour relation, cause that many labourers' rights and interests cannot be protected by law. So we have to improve the legal regulation, at the same time we also have to do research on the new legal regulation which is suitable for non-standard labour relation. For this purpose, the paper takes a comprehensive analysis of non-standard labour relation, and gives some suggestions on the regulation of non-standard labour relation.The paper includes three chapters: the introduction of non-standard labour relation, the category of non-standard labour relation and the legal regulation of non-standard labour relation of China.The first chapter is the non-standard labour relation, and it is the basis of the latter two chapters. In the first chapter, the paper first do some basic research on the theory, introduce the concept of non-standard labour relation and summarize the legal characteristics of non-standard labour relation, including the the weakening of affiliation, the diversity of legal subjects of labour relation, the multiplied of labour relation and the trend of short-term labour relation. Then the essay gives a brief introduction to conception, formation and development of standard labour relation and summarizes the legal characteristics of standard labour relation. The aim of this part is to seek out the difference between standard labour relation and non- standard labour relation, which is helpful to give suggestions on legal regulation. When summarizing the legal characteristics of standard labour relation, the paper focuses on the weakening of affiliation which includes personal affiliation, economic affiliation and organizational affiliation and is the foremost standard to recognize labour relation. By comparing the standard labour relation and non- standard labour relation, the paper finds out the differences exist in working-hour, working-place, the pay from work, the regulation of work and social security. At the end of this chapter, the paper explains the reason of the appearance of this non-standard labour relation, its development and the challenge. Non- standard labour relation appears in the background of globalization, the development of high technology. The needs of flexible employment, the transformation of industry structure and the pressure of unemployment are the cause of nonstandard labour relation. Since the non- standard labour relation appear in new times background, it will challenge the legal regulation of standard labour relation. By the analysis of the concept of legal regulation of standard labour relation, the paper point out that the challenges exist in the application of law, legal subjects of labour relation and social security.The second chapter is the introduction to the category non-standard labour relation. The paper first enumerate eleven kinds of non- standard labour relation and put them into three categories by the standard of labour, the organization and management of employers and the independence of labourers. Then the paper picks up four typical kinds, including labour dispatching, part-time worker, multiplied labour relation and weakening of affiliation's labour relation, illustrate theirs concept and development, summarize theirs legal characteristics, and analysis problems in the theirs legal regulation, which is helpful to give suggestions on legal regulation pertinently.The third chapter is the suggestion on legal regulation of nonstandard labour relation's. The paper points out that the judging standard of non-standard labour relation is the recognition of labour subjects and labour behaviors. Then the paper put forward the concept of legal regulation of non- standard labour relation: the sameness of the essence of standard labour relation and non- standard labour relation, to protect the fundamental right of labourers in non- standard labour relation and so on. According to the the concept above, the problems of legal regulation in the second chapter and the difference the in the first chapter, the paper gives suggestions on the legal regulation of non-standard labour relation at the end.