That Building, Mining Enterprises Illegal Contracting, Subcontracting Of Labor Relations

Building, mining enterprises areas of illegal contracting, subcontracting, and whether there are among construction, mining companies and the actual construction workers who recruit labor relations is a difficult practice, judicial and social security administrative departments, courts and civil trials sector administrative trial division, even within the same department of a civil trial in the court are not entirely unified opinion. The main reason is the [2005] Document 12 Chapter 4 by Ministry of Labor used an ambiguity of the word "the main responsibility for employment," the main responsibility for employment is what kind of responsibility, whether this is the responsibility of the employer? If not, what also has the connotation and extension, how we define? A correct understanding of the relationship between the construction, mining companies and real people hired by construction workers and clarify the main responsibility for employment connotation and denotation, help unify the referee scale, but also can improve their understanding of labor relations.In this paper, the Chongqing Municipal First Intermediate People's Court of Final Appeal two cases, for example, the relationship between the building and the actual construction of mining enterprises recruit workers who analyze and make employment the main responsibility of the connotation and denotation. This paper is divided into four parts.The first part is to ask questions. In this section describes the Chongqing Municipal First Intermediate People's Court of Final Appeal's case is similar to referee the results of two cases different, leads to practice for construction, mining areas, illegal Employer and the actual construction workers hired by the people Understanding the relationship between the existence of labor is not uniform issue. To be combing through the country, guidance and related meetings of the summary courts, come to the question of the differences is a common phenomenon, it is necessary to be clarified.The second part is the [2005] Document 12 Chapter 4 by Ministry of Labor hair historical significance and practical reflection provisions. The introduction of the document has its special historical background, it did play a positive role, effectively reducing the cost of rights. But with social progress and improve labor laws and regulations, which avoid identified labor relations, direct manner prescribed responsibility to bring practice problems began to appear. I combine them reflect on the case presented should be natural level of labor relations that standard and that standard to be reflection of labor relations, pointed out deficiencies of its existence.The third part is illegal employer, subcontracting party workers and identified labor relations. The section with case to that standard labor relations- from property analysis, the building does not have a labor relationship between mining companies and real people hired by construction workers. At the same time the legal interpretation from the perspective of "the main responsibility for employment," the true meaning, can not come to "the main responsibility for employment" is the responsibility of the employer, denied the fiction of labor relations.The fourth part is the main responsibility for employment connotation and denotation. In this part, the author puts forward the main director of employment including but not limited to industrial injury insurance and remuneration. Employment liability is a subjective essence of vicarious liability, the liability is replaced is the responsibility of people to deal with the actual construction worker bear invalid labor contract. According to China's relevant laws and regulations, the Director shall include labor body injury insurance liability and remuneration. At the same time, I believe that the main responsibility for employment is an open system, will be with the economic development, social progress and change.