On Employee Of The Labor Law

How to define employee is a complex infrastructure issue of the labor law. The conceptand defining standard of employee will become the core of them. But the study of aboveproblems in China is far from being enough, and relevant provisions are not regulated by law,which bring about chaos of defining employee. Draw lessons from the domestic and foreignadvanced experiences, it is necessary to improve the employee subject system of our country.The structure of this paper as follows:Firstly, as the opening words for the whole paper, introduction emphasized thetheoretical and practical significance of defining employee from two levels of theoreticalstudy and practical. That is clearly defining employee, forming a systematic employee subjectqualification standard, forming a system of defining standard, which is theory sufficient,legislation complete and operation feasible. Which have become the common investigativeproblems of theory circle and judicial circle. And then, promoting the legal basis of theoryand the interpretation of conception play important roles in legislation. Secondly, the first partof this paper discusses the conception of employee from two levels of theoretical study andlegislation, and compares with the relevant legislations and theories, finds out thecommonalities and differences between them. Contacting to our national conditions, finds outinadequacies of us. In the previous of discussing the standard of defining employee, thesecond part answers the relationship between the subject qualification of employee and thestandard of defining employee, the relevant provisions on the subject qualification of labortheory or of our country, and some problems need to be discussed in detail. The third partdeeply discusses the domestic and overseas about theories of the standard of definingemployee. Within done theory foreshadowing, overseas study, and on the basis of the review,the fourth part focuses on some special subject (retirees, college students and home servicestaff) in our real life. At the same time, it further emphasizes the problems in our country fromthe side and realistic necessity to enlarge the range of employee.Finally, the fifth part will focus back to the building of the employee subject system inour country. Aiming at problems that lack of definition, the standard of subject definingdislocation, existing standards is not enough to adapt to the development of the society, it putsforward that improving legislation technology and clearing concept of employee; enlarging the scope of employee, in order to adapt to the change of market; reconstructing the system ofthe rights and obligations, carrying out the principle of discrimination.