On Individual Businesses’ Qualification Of Employing Unit

Labor law grant individual businesses the qualification of employing unit, who is equal to common enterprises, having to undertake the same duties and obligations on the field of labor law. Such legislations are with some rationalities, but meanwhile, these reasons are insufficient. To some extent, these regulations are reactions that individual business has owned enterprise’s appearance, however, comprehensive economic situations of individual business were not considered wholly. These regulations continue the thinking of Provisional Statute of Private Company that individual businesses whose employees are more than eight were viewed as enterprises. Nevertheless, due to having defectiveness, this clause in Provisional Statute of Private Company has been replaced by the Regulations of Individual Businesses. Certainly, this continuation is beneficial to protecting labor rights while individual businesses’interests are neglected.Bringing individual businesses into the range of employing unit has caused a series of drawbacks. Individual businesses are alienated from the natural person and then how to define the legal attribute of individual businesses becomes confused in theory. In practice, obligations on the field of labor law are very heavy to individual businesses, especially as employing unit qualification of individual businesses extending to other legal fields, individual businesses have to bear many unreasonable duties in administration area and even criminal field. Finally, survival and development of individual businesses are affected in many ways, which hinder individual businesses from playing their due social role.So the conclusion can be reached that the individual business is not suitable as an employing unit based on a comprehensive analysis. Firstly, fundamentally, comprehensive economic situations of individual businesses determine they can’t assume weighty obligations on the field of labor law. After analysis, the following conclusions can be drawn:individual businesses occupy a large proportion among all the market subjects in quantity while form very small proportion in capital amount, being weak in economic strength. Although there are some individual businesses whose economic strengths are strong, they occupy a very small proportion and comparing with private enterprises, they are in a disadvantageous position on economic strengths. Secondly, the legal attribute of individual businesses is natural person, which is inconsistent with employing units’characteristics of organizational entities. In essential, the individual business operated by an individual is natural person while the family operation is common relationship which is based on family relationship, large-scale individual businesses can not influence the legal nature of the whole individual businesses. Finally, individual businesses are disagree to employing unit at some characteristics as follows:(1) individual businesses are not with modernity. (2) individual businesses are not for pure commercial purposes. (3) personal attributes are obvious in individual businesses’business. In particular, weakening or denying the individual businesses’qualification of employing unit does not mean giving up protecting the rights of labor force because comparing with labor law relation, employment relations is better for balance the interest between the individual businesses and the worker.For all these reasons, the legal nature of individual businesses on the field of labor law should be revised as follows:In the first place, replace the number of employees by the comprehensive economic index to distinguish between large-scale individual businesses and small-scale individual businesses and then lead the former to put to use enterprise organization voluntary. After this, in the next place, compared with common enterprises, large-scale individual businesses still require more protections to fit personal attributes of individual businesses. Finally, small-scale individual businesses should not be deemed to employing unit. The legal nexus between them and their employees is employment relations. At the same time, small-scale individual businesses’ rights and interests as laborers must be guaranteed.