Confirmation Of Factual Labor Relations In The Case Of Work-related Injuries

Factual labor relationship is a kind of social labor relations in which workers and units match the elements of the labor relations, but did not enter into labor contract or the labor contract is invalid. Factual labor relations in the case of injury identified are stored in many problems no matter in substance or in procedure.Combining with a case, the paper mainly around the subject and standards of identity in factual labor relationship, and the effect of work-related injuries on judgment to explain the identified problems of the fact labor relationship.The first part of this paper is a case report; introduced details about the case,and then summarized the three controversial focus of the case.In this paper, the second part is the case analysis. Firstly, the paper introduces the industrial injury in this case to affirm that the administrative department of labor and social security just has part of the right to confirm the labor relations, the court has the final confirmation of labor relations; secondly, through analyzing the standard definition of factual labor relation to prove the case does not constitute a factual labor relationship. Finally, by clarifying the point that the worked-related injuries can not become the only verdict basis to prove labor relation established in court, the paper clears that the court make the correct judgment in this case.The third part of this paper is the thinking and suggestion of the case. In this part, the paper puts forward the relevant suggestions: introduces the "from the attribute" degree standard of labor relations, and proposes the combination of labor relation confirmation procedure and industrial injury identification procedure, clears the processing mode when specific administrative act as the civil evidence.