Hidden Employment Law Problem Analysis

Disguised employment relationship which is an act of law evasion with some legal relation ship as its appearance, infringes the labors’right and harms labor order, In legal practice, there is a lot of workers’hired as Part-time workers, trainee and dispatched labor. This kind of employing forms is so-called disguised employment relationship, it is necessary to research how to regulate them to protect the labors’interest. So this dissertation researches hidden employment relationship on basis of labor law as the following four parts:the first part is brief introduction. This part contains background and introduces the current research situation. The second part is research on the hidden employment relationship. This part analyzes the definition of hidden employment relationship and its essence. The third part is the harmfulness of hidden employment relationship and the necessity to regulate it. This part analyzes the harmfulness with a typical case of Carrefour, and maintains that hidden employment relationship does harms to the labors’interests. In order to regulate labor relationship and protect the labors’right, it is necessary to make some law. The fourth part is the protection for labors’right in hidden employment relationship. This part maintains the labor standard law should be made, the scope of labor dispatching should be narrowed and the administrative power against illegal employment should be strengthened. In judicial process, the principle of fact first should be established to lift the disguised employment relationship’s veil.