ILO Employment Relationship Recommendation And Confirmed Standards Of Our Labor Relationship

In recent years, labor relation has become diversified. With the economic and socialdevelopment, how to confine the scope of labor relationship related to the protectionof workers has become a serious content in academic world. The95th convention ofILO discussed relative topics of employment relationship, finally passed the ILO’sEmployment Relationship Recommendation in2006, in which require the ILOMember States define the scope and meaning of the ‘employment relationship’, andestablished a clear standards for measurement. Then, we found it necessarily to dosome analysis and research to define and confirm the standards for labor relationship.Considering of the current situation, the first part is to integrate the theory withpractice. In the year of2005, the Ministry of Labor found the predicament betweenhow to identify the employer and employee in labor law. So they worked on theconfirmation of labor relations and established the qualitative standards as we called‘the three elements of standards’ to confirm labor relations in our country now. Welloperability and widely application made the regulation to be used as the unique andhighest level of effect in judicial practice. In fact, the uncertainty of legislationweakened the protective role of law. The lack of fundamental criteria easily resulted ina subjective disguised employment and objective ambiguous employment problems.An increasing number of people are working outside the employment contract. Some of the employers are trying to avoid the application of labor law, some of the relationsare confused to verify. Confirmation of labor relations directly influenced economicand protection interests of workers. Without a unified, specific identification criteriamay result in various conclusions between localities and departments, because it isdifficult to identify the fact of the employment relationship, or difficult to distinguishbetween disguised employment and ambiguous employment.Diversification of employment way has become a common topic in the world. Thesecond part mainly focused on the employment recommendation for its developmentbackground, discussed issues, final proposals on the scope and definition of theemployment relationship. Therefore, studying on the ILO’s disguised employmentrelationship, ambiguous employment relationship and triangular employmentrelationship can provide reference and inspiration for our labor relations’ definition.Although the some proposals were shelved for the intense debate, as a epitomizesummary of various countries’ legislation essence, the Employment RelationshipRecommendation established the standards in the shape of international laborstandards within ILO’s terms of reference, and it has great reference on furtherpromotion of our domestic mechanism. Meanwhile, member states are also obliged tocomplete the ILO’s clear expectation and requirement to improve their own laborrelations.After comparison, analysis and summary of the labor relationship confirmed standardsdomestic and abroad, the third part is the improving part of the system construction.Having both forward-looking and practical use, We have proposed some consummateways to confirm our domestic characteristics on labor relationship which are made bysubordination in connotation, we put forward from the connotation of thesubordination as the essence,“the fact first” as a principle, consensus as a requirement,adhere to the personality subordination and economic subordination of compoundstandard from the epitaxial affiliate, by listing and dividing the degree of importanceof factors in accordance with our current national conditions, we can find ourtemporary and permanent solutions to deal with the confirmed standards of ourcountry’s labor relationship. Finally, we take the point of view that employment relationship is always changing. Inthe sense of extension, we must fully taking the diversity and flexibility trends inemployment form into account, taking the characteristics of the times and theweakening from the property development trend of the non-standard labor relationsinto account, we should reference to the essence in the Employment RelationshipRecommendation standards and national legislation. By clearly define the scope ofapplicable enumerated list under China’s current national conditions to specify thelabor relation standards. Considering further employment development trend inglobalization and integration, make sure our lists has combined with internationalelasticity in the context of the integration process of global employment relationship.We must try our best to regulate the system of labor and employment relationshipwith law regulations. Our approach is not limited to the diversification of laborrelations, and I believe that through the correct definition and confirmation of thelabor relations, it is able to identify and distinguish the disguised employment andambiguous employment, so as to regulate the normal operation of the labor relationsand the labor laws to accomplish the goal of protecting the reality rights of workers.