On The Legal Regulation Of Concealed Labor Relationship

A concealed labor relationship is one which is lent an appearance that is different from the underlying reality, to hide or distort the real labor relationship, with the intention of nullifying or attenuating the protection afforded by the law. The International Labor Organization analysis the Concealed employment and brought forward this concept in the report of 《The scope of the employment relationship》,at the 91 st session,in 2003. In view of the harmfulness of Concealed labor relationship. The International Labor Organization asked each member to formulate and implement national policy with concealed employment, to provide effective protection for the laborer.Throughout our country’s current law and judicial practice, though the protection of the labor right has already formed a system, but it is still insufficient for regulating concealed employment which is a new type of behavior that evades existing laws and invades the labor right. After studying the experience of The International Labor Organization(IPO) and other countries, combing current situation of our country, I have discussed the concealed labor relationship and legal regulation on it in this article.The main contents of this thesis are as follows:The first part of the article is to analyze the basic theory of concealed labor relationship, elaborate its concept, characteristics, forms, harmfulness, and makes an analysis about the forms of concealed with emphasis, including three major forms: covering up concealed labor relationship with other legal form, covering up concealed labor relationship with other work form, covering up concealed labor relationship with triangular employment relationship. The second part of the article is to introduce the study on concealed labor relationship by IPO and the other countries’ experience. Then summarize foreign experience on the legal regulation of concealed labor relationship. The third part of the article is to introduce and evaluate the present regulation of concealed labor relationship, and point out the problems: imperfection in the identification standard of labor relationship, lack of the resolution mechanism of disputes; indeterminate in the legal liability; regulatory failures by the labor department. In the fourth part, some suggestions for the legal regulation of concealed labor relationship are given based upon above analysis: perfect the identification standard of labor relationship, establish the resolution mechanism of disputes, define the responsibility of concealed labor relationship, to enhance regulation on concealed labor relationship.