The Analysis On A Case Of Xie Sued Jinmei Paper Packaging Co.,Ltd For Labor Relations Disputes

Labor relationship confirmation is very common in labor dispute arbitration cases. In the present judicial practice, the basis for recognizing the labor relations generally applies the first and fourth of the notice an announcement on the relevant matters relating to Labor relationship confirmation.In this case, the employee was injured at work, but the employer denied the existence of the labor relationship by signed the labor Outsourcing agreement, then the dispute of recognizing the labor relationship produced. The focus of controversy in the case is whether there is labor relationship between Mr.Xie & The X Paper Packing Limited Company.From the trends of the domestic and foreign employment, labor outsourcing is legal and widely used for its superiority.The law in China does not explicitly prohibit the individuals contracting labor service and stipulate the mandatory qualification, just mandatory rules that the employers which let contract the engineering(business)and managements to The organization or a natural person who don't have the subject qualification should take the liability of employers such as the construction units and mining enterprises,etc.This is obviously not conducive to protect the rights and interests of labourers.To resolve this problem,it is proposed to directly apply the regulations taking the liability of employers to all the companies not just the the construction units and mining enterprises,which is from the fourth Article of an announcement on the relevant matters relating to Labor relationship confirmation. In this way it can efficiently prevent the other employers except the construction units and mining enterprises from letting contract the engineering(business) and managements to the organization or a natural person who don't have the subject qualification for Reducing the labor costs.