The Analysis Of Handling Dilemmas And Solutions Between Informal Employment Of Organizations And Its Laborers

In order to alleviate the labor force which include laborer who did not engaged inagricultural production due to land acquisition, the re-employment of laid-off andunemployed persons formed as a result of industrial restructuring pressure, Shanghaihas made the concept of "informal employment" in1996, and vigorously developedthe informal employment of labor organization. With the large number of such labororganizations, the problems in the law applicable to civil cases, the cause of actionidentified, as well as the protection of the rights of workers has become increasinglyprominent. Due to the informal employment of labor organization does not belong tothe "employer" under the labor laws; when it makes the legal relationship with thelaborers as a labor relation, there is no legal basis for adjustment, and this legalrelationship is generally recognized as a civil legal relationship which applied the civillaws and regulations. Therefore, when the informal employment of labororganizations and its employees have disputes, the protections of the rights ofemployees not only are difficult to obtain but also the rights to procedural arevulnerable to infringement.This article is divided into five parts. The first part is the introduction introducesthe background of the topics cases, the scope of the study, the study of motivation andmeaning; The second part is divided into three, namely the process of non-formalemployment of labor organization in China, the concept of law and litigation facingthe predicament; The third part introduces the specific case of the Songjiang People’s Court, analyzing the problem of identification of the legal relationship between thenon-formal employment of labor organization and its employees, the cause of action,as well as the part of workers resulting in substantive rights and procedural rights of"weakening"; The fourth is divided into three, which respectively discussed from thelabor relations,the legislative purpose and the legal basis of relations identified therelationship between the informal employment of organizations and workers shouldbe labor relations, its cause of action should be the labor disputes rather than the laborcontract disputes; The fifth part has four parts, according to the above analysis, thereare some appropriate legislative proposals of the non-formal employment of labororganization in China in order to be beneficial to the development of this labororganization system and maintenance of the labor rights.