The Legal Regulation Of Non-standard Labor Relations

As the development of social and economy, standard labor relation can not meetthe needs of the labor market, so the non-standard relations appears. The advantagesof the dispatch and the part-time worker should be more attractive to the employers,the scale of non-standard labor relations are growing. But the workers in non-standardlabor relations do not get proper protections, different non-standard labor relationsface the different treatment, some as labor relations, some as civil relations. And evenif they are incorporated into non-standard relations, they are also faced with a widerange of differential treatment.Problem requires the solution, but the solution process does not depend on acountry’s own, it needs the reference and the absorption. Looking at the internationalcommunity, ILO began the regulation and protection of the non-standard laborrelations in the1980s, there are many things that are worth our learning in the course.At the same time, the current regulations in some countries also have a lot ofreferences to learn.This article is divided into four parts: The first part introduces the differentattitudes for the non-standard labor relations and lists the adjustments for thenon-standard labor relations in the academia. And in accordance with the views ofexperts, the author put the view and the regulation for the non-standard labor relation.The second part is the research of the extraterritorial laws, it introduces the history ofregulation in the ILO and the modes of regulation in some typical countries. It cangain some guidance from these regulations, so these references can facilitate China’s legislative. The third part introduce the domestic legislation in non-standard laborrelations, and point out the problems that exist in the present legislation. The fourthpart is based on the experiences of the foreign countries, as well as my understandingof these issues, propose some advices to solve these questions.In China, there are many significances for the non-standard labor relations, it cansolve the employment needs of our country, so we must pay attention to it. We alsoshould give better protections for the workers in non-standard labor relations. First，we must treat the same between the non-standard labor relations and the normal laborrelations in the labor standards; Second, we must give more flexibilities in theregulation of the normal labor relations, in order to reduce the frictions withnon-standard labor relations and achieve the purpose of establish a two-waysregulation. Finally, we should strengthen the social security for the workers in thenon-standard labor relations, give in all aspects of labor protections, I hope theserecommendations can play a role in the regulation of the non-standard labor relations.