Legal Thinking About The Non-typical Labor Relationship

Non-typical labor relationship is relative to the typical labor relationship. It is anew type of labor relationship which came into being with the economic developmentand social transformation. Non-typical labor relationship has much difference with thetypical labor relationship. The existing system of labor law is built on the basis of thetypical labor relationship, but the existing system of labor law less adjust thenon-typical labor relationship and the obvious hysteresis quality and legislative blankpresent to the legal system. So regulating non-typical labor relationship will haveimportant theoretical and practical significance on improving the system of laborrelationship, protecting the legitimate rights and interests of laborers, expanding jobs,keeping harmonious labor relationship and promoting social stability. This article isbased on the law perspective and comparative analysis, value analysis, normativeanalysis were put to use in this article. This article comprehensively andsystematically researches the connotation of non-typical labor relationship, the causesof non-typical labor relationship, the current situation of legislation and legislativedefect, improving measures and so on. The main content and innovation point includethe following aspects.The first part explains the connotation of non-typical labor relationship anddiscriminates the related notion of non-typical labor relationship. Non-typical laborrelationship is a new type of labor relationship which is formed from the reason thatthe labor relationship which is produced between laborers and employers does notmeet or does not fully meet the general form of the traditional typical laborrelationship. Non-typical labor relationship has a lot of characteristics such asmultiplicity, flexibility, stability and so on. Non-typical labor relationship has bothconnections and essential difference with the labor relation. Non-typical laborrelationship belongs to the flexible employment.The second part deeply discusses the basis, the internal and external causes ofnon-typical labor relationship. The Changes in the industrial structure is the realisticbasis on which Non-typical labor relationship produced. And the flexible employedlabor in enterprises is the motive force to produce non-typical labor relationship. Theinternal and external causes of non-typical labor relationship are respectively thechanges in the subjective value of the labor relations and the adjustment of government employment policy. From this, we can see, the produce and developmentof non-typical labor relationship is the result of many factors, in which both haveeconomic factors, political factors, as well as the change of social values.The third part mainly combs the legislative status quo of the non-typical laborrelationship in China. It also analyzes its shortage and inspects the legislationexperience of non-typical labor relationship in other countries. The legislation of theatypical labor relation in our country mainly focused on the Labor Law, New LaborContract Law, Employment Prmotion Law as well as the judicial interpretation. Theexisting legislation is narrow in the range of adjustment and the legislation system isbad organised. The qualificatio of the subject is lost and it does not reflect theessential attribute of the legislation of the atypical labor relations. The legislation ofatypical labor relations in the countries like the US, German, Japan put strict rules onthe agreement and removal of the contracts, the laborers’ qualifications as well as theemployers’ liability.The fourth part explains the legislative concept, principle and concrete measuresof non-typical labor relationship in our country. We should keep the legislativeconcept of “promoting employment and guaranteeing the people’s livelihood” whenour country structures the legal system of non-typical labor relationship. We shouldpersevere in the principles of job enlargement, inclined protection to laborers,guaranteeing labor right and equal protection in our legislation. The content oflegislative regulation should mainly include the conditions of non-typical laborrelationship’s subject qualification, range of application, labor standard, the system ofsocial insurance, labor dispatching and part-time employment.