Legal Regulation Of Non-standard Labor Relations

When paining economic system is subject to socialism marking economy, a large number of workers lose their formal work and employ themselves in informal work. The number of informal employed-persons becomes more and more with the impact of international financial crisis. The labor-management relations between informal employed-persons and the units are called non-standardized labor-management relations in the sight of law. Because compared with the standardized labor—management relations its feature changed,existing labor law don't adjust it. There are no prescribed proceedings or the legal rules aren't perfect in the existing labor law, which makes the non-standardized labor-management more informal and marginal. The rights and interests of the employed persons can't be protected completely. The vital way to change this institution is appropriately adjust labor law system according to reality needs, perfect law adjustment system of non-standardized labor-management relations and social security, bring non-standardized labor-management relations into the frame of current labor law system and social security system to adjust and protect it, which is better to ensure informal employed-persons'labor rights and benefits.This thesis is divided into four chapters. The introduction part mainly represents the back ground of this topic, the relative concepts, primary views and innovation points. Chapter one represent the concept, form and character of non-standardized labor-management relations, and expound the legal adjustment situation of non-standardized labor-management relation in China and other countries. Chapter two introduce the current situation in China, a large number of non-standardized labor-management relations, employment quality inferiors of informal employed-person, and the lack of its labor rights and benefits; analyze the difficulty when labor law and social security protect non-standardized labor-management relations and point out that the reason is the implementation premise of them don't adjust non-standardized labor-management relations. Chapter three research three different adjustment models of non-standardized labor-management relations, indicate that the government should choose European Union model which emphasize the protection of informal employed-persons'rights with the relative analysis among the models, and take labor dispatch which is typical form of non-standardized labor-management relations for example, to describe how to learn experience from European Union model. Chapter four concretely propose the logos that perfect non-standardized labor-management relations system and social security system, which is better to ensure informal employed-persons'labor rights and benefits, and table a proposal to make up defective adjustments for labor dispatch under the current "Labor Contract Law ".