The Analysis Of The Dispute Case Of The Dual Labor Relation

With the development of society and economy, the dual labor relation has many complicated features. The recognition of dual labor relations has caused much controversy. Because of the impact of the traditional theory of labor relations, before the enforcement of Labor Contract Law, the current labor law in China has not recognized the legitimacy of the dual labor relation. With the Labor Contract Law performed our country has conditionally recognized the legitimacy of the dual labor relation,but when the courts are dealing with the dual labor relation cases, the will mostly judge the relations were not labor relations as service, resulting in the rights and interests of the workers with dual labor relation not receiving the fully and reasonable protection. Therefore, I choose the dual labor relations as my topic. I think that theoretical circles should strengthen the study of the dual labor relations, and the legislative circle should perfect China's current labor laws and regulations as soon as possible to promote the establishment and development of the harmonious labor relations. This paper is mainly on the research of the dual labor relations, and makes some recommendations for system of the dual labor relations in our country in end.The full paper altogether has been divided into six parts as follows,The first part:Wang V. Male Cheng Company. First is main point of the case. The prosecution of confirmed the labor relationship disputes of Wang v. Male Cheng Company Case. Next summarize details of a case, judgment of first instance and the opinions of parties in appeal. Finally, this case has the dispute focal points that whether our country recognized the legitimacy of the dual labor relation.The second part:Legal principle theory of law analysis. In this part, firstly enumerating the connotation of the dual labor relations that academic point of debate, introduced different concepts of dual labor relations in academic community, and determines concrete connotation and denotation of dual Labor relationship which this paper research. At present in China has formed a part-time, part-time employment, retain the job but suspend the salary and other forms of dual labor relation coexist. Secondly, put forward research dual labor relationship of legal system in value. And then raise a debate the double labor relations legal status. Faced with this double phenomenon of labor relations, the attitude of scholars can be divided into three kinds of view, which are:a negative view, a compromise views and a positive views. Finally, proposed the reason and method that the dual labor relationship shall be recognized as a special form of labor relations.The third part:Quote lots of data in the form of text and form introduces the dual labor relations in overseas development and basic law system. Dual labor relations in foreign countries obtain flourish, particularly in Europe and United States.The forth part:Our current involves double labor relations legal system and case analysis. Firstly, the dual labor relations relating to the laws and regulations of the launch are reviewed. Mainly introduces the Labor Contract Law, Interpretations of the Supreme People's Court on Some Issues concerning the Application of Laws for the Trial of Labor Dispute Cases (Ⅲ).Secondly, quotes lots of judicial practice, introduce the labor relationship cases that court dealing with different practices, finding our judicial practice guidance of dual labor relations.The fifth part:Puts forward the countermeasures on protecting the dual labor relations.We should give law and policy support, dealing with economic compensation and social insurance of the dual labor relationship.The sixth part:This part is dispute case analysis. The author thinks in Wang with the Xi Yuan Company and the Male Cheng Company formed a dual labor relation, the Male Cheng Company argue that because of a laborer can only form labor relationship with one employer at present country, so the latter can only be identified service relations, so Wang with Male Cheng Company is only service relations, not labor relations. This justify is not tenable, and Wang has labor relation with both Company were no bad influence on both her jobs, the court shall affirm the Male Cheng Company with Wang exists the labor relations.