Legal Issues’ Research Of The Dual Labor Relations

With Economic and technological development, the quality and ability of workers promote the profound changes and development of labor relations, and the dual labor relations is a kind of new social relations growing which is affecting by economic and institutional factors. The diversity and changes of labor relations is the only way for the development of social progress, is also a product of the reform of employment system and working hours system.With the analysis of current labor laws and regulations, China do not allow the dual labor relations to exist in our country.But laws and regulations and the development of trial practice is bound by the traditional concept of labor law. So the relevant laws and regulations on labor relations is not according to this train of thought to design the relevant rules and regulations. This leads to the dual labor relations is in the conflict between reality and actual operations. Therefore, this paper is in the hope to promote the establishment and perfection of the legal system of China’s dual labor relations by selecting the analysis and research on the legal issues of dual labor relations.This article contains four parts, according to analyze the meaning,causes and present development situation and the insufficient of legal regulation, the author put forward the applicable law to adjust the opinions and ideas.The first part introduces the basic concept of dual labor relations, on the basis of explaining the specific constructions form of dual labor relations defines the scope of the research. Through to the affirmation、negative and compromising of the presence in academic circle, the article demonstrates the necessity and of the dual labor relations. The second part according to introduce the regulation and practice of the European Union, the United States, South Korea, this article evaluate the application and development of the dual labor relations to help our country to establish effective experience dual labor laws and regulations.The third part analysis the shortcomings of current law regulations, above the chaos of legal status, the blank of provisions, the loopholes in social insurance and the imbalances of employers and employees position.The fourth part puts forward to adjust dual labor relations: firstly, clear the legal status of dual labor relations by giving dual labor relations legal status. Secondly, establish the dual labor relations standards, improving working hours system and minimum wage protection system.Thirdly, through the endowment insurance account and the responsibility sharing of industrial injury insurance to improve the system of dual labor relations of social insurance. Finally, balance employers status in the dual labor relations and build system of inform and conventions of labor obligations.