The Legal Consideration On The Cognizance Of The Factual Labor Relationship

While rapid development of economic reform and opening up, bring more disputes in the field of labor relations. That cannot be avoided is legal under the economic and social development of a delay. Discussion on this article, because of the rapid development of the economy, a phenomenon that appears in today’s society, the actual labor relationship. Specification for labor relations is not a legal concept, but a legal reality for no-compromise, is a variety of cause of factual work relation, is the representation of a wide range of factual work relation, more difficulties exacerbate this phenomenon of legal norms.Research focuses on how to confirm that the labor relations of the paper, primarily de facto labor relations, as the socio-economic development, diversification of labor relations, rendering a wide range of factual work relation, a unified standard for how to confirm the de facto labor relations, so as to protect the interests of workers and guide social organizations at the time of hiring workers and legal norms. I think when confirmed labor relations, no matter the social organization and laborer to whether to conclude labor contract, no matter what conclude labor contract, and only consider the rights and obligations of the parties and the labor relationship facts. Follow this principle; be helpful for protecting the rights and interests of laborers, on social organization standard legal management laborer also has implications.China’s law on labor relations is vague and difficult to operate; guidance for employers is too low. Legal adjustment has obvious advantages in terms of social relations, should be the driving force for social progress rather than shackles, improvement of labor legislation will further promote the process of the legal system of our country. Formed in the framework of labor relations under protection, speed up the building process of the legal system, the building will have a huge role in promoting.