On The Definition Of Laborer In The Labor Law

In the transition period of Chinese economic and social development, the subject of labor relationships and their interests are diversified. With an increasing and high frequency period of contradictions of labor relationships, labor dispute cases remain high. Against this background, in order to build a harmonious labor relation in China, it is of far-reaching significance to clarify the connotation of laborers and expand the scope of laborers protection. The identification of the subject theory of laborers is the soul of labor legislation project. However, due to the lack of theoretic studies, it is difficult to make an accurate definition of laborers in practice and fully uphold their legal rights. Therefore, the premise of protecting them is to define the scope of laborers. Only by doing so can we provide the authoritative references and convenient channels for right guarantee. Moreover, with the definition of the connotation, denotation and characteristic of laborers, it is beneficial to provide a theoretical support for the department law and have a logical consistency in law systems.First of all, based on scholars’studies, this paper explores the concept of laborer in theory and compares this concept in Constitution, Social Insurance Law, Tax Law and Labor Law in order to illustrate the research status and its defects. The theory of subject qualification of laborers has an influence on the basic concept of laborer to a larger extent. Secondly, take Japan for instance, this paper presents the concept of laborer in foreign countries which includes relativity theory of laborer, unity theory of laborer and expansion theory of laborer. By introducing the effect of the history of labor relationship development on the defined criteria of laborer, this paper analyses deeply the historical and legal basis of the subordination and controllability standard and gives a comprehensive overview about the standard of laborer definition in Chinese and western law systems. On this basis, I try to find out their similarities for my own advantage. For example, in western law system, controllability standard of laborer lay emphasis on the degree that employers make a control over employees, while Chinese mainland law system underlines the degree of their adherence. They arrive at the same end by different aspects. The standard of Subordination and controllability, trend of social development, are at the heart of the definition of laborer in International Labor organization. And they are mostly applied to defining "mighty" and the expansion of employers. Besides, this paper introduces in detail the wrong direction of Chinese legislative concept and the shortage of concrete theoretical researches on laborers to reveal the present dilemma in defining laborers. Finally, it elucidates methods of constructing and improving relevant systems including the establishment of favorable protection principle, rearrangement of legislative ideas, adjustment of market economy, and reconstruction of the concept of the subject of laborer. It also contains the clarification of the defining standard of laborer, improvement of legislation as well as modification of laws.