Legal Criteria For Defining Labourer

In labour law,the benchmark of defining labourers is a basal theory matter,it is the basis and foundation of the range of labourers.and this benchmark to be defined has to be depended on the affiliation of labourers,The affiliation exist or not and is strong or weak can affect the benchmark.On the one hand,our country has a special legal formation about the labour contract,they will be discharged from the range of protecting of labour law if they are not met the formation, and lack of the protection of labour law,causing the existence of many actual labourers.On the other hand,as the development of economic globalization,the world enters into the era of labouring elastification,all kinds of new forms of labour,diversified working states such as working at home,remote controlling work and elastic hiring overwhelm every industry,nonstandard labourers come with the tide of fashion,the new working state vibrate against the original theory of labour affiliation,which takes the direct controlment as standard,leading the nonstandard labourers to be on the edge of direct and factual controlment by the employers.Large quantity of vulnerable labourers will be lack of management if we insist the traditional labour defining benchmark,the nick of the protection of human rights will appear,so it is necessary to rethink the legal benchmark of defining labourers based on the employment situation at present.Circumfusing this issue ,this article will define the different benchmarks according to the different labourers in practice, the traditional standard of labourers classified as "normal benchmark",to the opposite, it is the special benchmark of the nonstandard labourers,according to the logical train of thought of the labouring affiliation exist or not and is strong or weak.thereinto,we can classify the benchmark into actual labourers and border labourers,correspondently define the actual benchmark and elastic benchmark in terms of the affiliation.Simultaneously,you should think about the method of following the fact and social instinct of the labour law and give them the relevant protection of labour law respectively when you define the benchmark of all forms of labourers.