The Legal Research Of Disguised Labor Relations

Since the economic globalization, the industrial division of labor has been more and more refined, many jobs do not need employees of skilled technology, resulting hidden labor rampant worldwide. In2003, the ILO officials pay attention to this phenomenon and put forward the concept of "disguised employment relationships", and called on the Member States struggling of the hidden labor. Since the enactment of the "Labor Contract Law", due to the increase in labor costs, companies have chosen hidden normal labor relations in a variety of ways, the hidden labor in China is more and more common. In the international and domestic context, the author illustrates the necessity and urgency of the hidden labor relations legal regulation through the hidden labor relations research.This article illustrates the hidden labor relations by using literature research, descriptive method and comparative method, qualitative analysis on the basis of reorganizing the existing literature, laws and regulations. First of all, hidden labor relations replace the disguised employment relationships, making this research more in line with China’s national conditions, and analysis the main manifestations of the hidden labor relations in our hidden for independent civil subject, dispatch the existing main form; Secondly, by combining a typical case of the hidden labor relations in China, the author analyzes the negative impact of hidden labor relations in China; thirdly, the author combines several significant legislative achievements in the hidden field of labor relations in national and international labor legislation and fully absorbs the experience; finally, the author proposes recommendations to eliminate hidden labor relations for our existing inadequacies. The author’s recommendations include:from expanding the scope of application of the labor law, the development of "dispatch" and "anti-employment discrimination laws to strengthen legislation; from the fact as the first principle and engaging in voluntary principles to strengthen judicial determination; from the reform of trade unionism and the improvement of tripartite consultation system to enhance the strength of workers.