The Research Of Factual Labor Relation

China’s "Labor Law" stipulates that employers and employees must sign labor contracts before the establishment of labor relation. But with the social transformation of new era, continuous economic development, increasing employmental pressure, a variety of employment forms adapting to new era come into being. Labor relations present diversified development trend in the daily life, there are a large number of factual labor relations. Labor disputes triggered by the factual labor relations have occurred frequently. So it is a very important task to research, analyze on the theory connotation of the factual labor relation, and seek for good suggestions to protect factual labor relation.The so-called factual labor relation refers to that employers and employees on the two sides reach a verbal agreement on labor rights and obligations, and form a labor relation in which the employees provide labor to the employer and the employer pay remuneration to employees. In consideration of the rights and obligations between the parties are not expressly provided by way of a written contract, the factual labor relation is a very unstable labor relation. As a result,factual labor relationeasily leads to disturbance and frequentlabor disputes.Therefore, it is of vital importance to deal with the relevant issues of factual labor relations, for the maintenance of harmonious and stable labor relations, social progress and development of enterprises.In order to recognize factual labor relation scientifically, it is necessary to have extensive and in-depth theoretical discussions and analysis, build the system and architecture of factual labor relation. This paper reveals the social roots, economic causes, the legal causes as well as subjective and objective factors affecting labor relations deeply. We should focus on the connotation of factual labor relation, the relevant comparison, domestic and international laws and regulations, so that the study of labor relations should be more standardized and scientific to uphold the authority of the labor laws and regulations. This paper illustrates the contrast of the factual labor relationship against juristic employment relationship, and speaks highly of the promulgation of the new Labor Contract Law for its effect on alleviating the factual labor relationship phenomena. Finally we put forward several suggestions for resolving the problems of factual labor relationship.