Judicial Finding Of Labor Relationship In Decoration Project

In the field of judicial practice in the decoration engineering, the construction decoration engineering project contracting enterprises will be illegal to meet the natural person "no corresponding qualification of the contractor" phenomenon everywhere.In order to protect the lawful rights and interests of migrant workers vulnerable groups in the field of decoration engineering, many laws in our country have made the corresponding provisions, but because the legal laws and regulations provisions of the hybrid is not uniform, resulting in around in dealing with specific cases for the same problem, there is not a unified applicable standards, leading to different codefendant phenomenon all over the country.In Liu Mou and a decorative works of the company between the labor dispute cases,the focus of controversy: whether there is a labor relationship between the decoration engineering company and the contractor is introduced to recruit workers.In this paper, first of all, this paper analyzes the principle standards of labor relationship;The second is qualitative evaluation for labor relationship of the case; Then the author of the practice of different co contracting phenomenon of theory and practice analysis, and shows the author's own point of view,namely the accepting subject responsibility is not the same as labor relationship;At last,I put forward the suggestion of establishing the labor relationship,namely, to establish the legislative mode of the single line labor law and to establish the standard of“the property”and so on.