Construction Enterprises And Migrant Workers Confirmed Case Analysis On Labor Relations

In the field of construction, construction enterprises with engineering subcontracting,illegal subcontracting to do not have the subject qualification and correspondingconstruction contractor qualification conditions of employment phenomenon are commonoccurances. In order to curb illegal behavior, protecting the legal rights and interests ofmigrant workers in the construction field, China’s "Construction Law", judicialinterpretation, the Labour administrative department of the administrative rules and so onhave done the relevant provisions, but in practice the effect is not satisfactory, i n particular,the dispute of labor relations existence between construction companies and migrantworkers of contractors hired directly, contradictory regulations and judge on theconnotation of labor relations different opinions or even swallowed, often l eads to similarcases are not unanimous verdict. In this paper, through two typical case raises issues,distinguish between the labor relationship and employment relationship, analyzed therecognized standard of labor relations, refinement of the standard from the property tomake it more operational, while emphasizing the role of consensual labor relations finds,considerd whether to established the labor relations should be from the nature of body,from property (personality from the property, the economy from the property, theorganization from the property) and the desirable aspects of this comprehensive judgment.Based on this, analyzes the relationship construction among companies, contractors, themigrant workers. Finally, such legal suggestions of labor relations confirmation disputeson building construction field are put forward, think we should increase the level oflegislation and unified legislation, clear the legal relations of the three,and relevant subjectfor migrant workers should bear legal responsibility; In the program, should be done ishelpful to the design of the migrant workers injury timely and effective treatment, the lawshould expressly conferred related injuries confirmed over such administrativedepartments of labor relations,and accident injury compensation criteria and proceduresfor compensation should be clear.