Applicable Law Of The Special La-bor Relations

The identity of the laborer determines the nature of the labor relation with the working unit, and thus decides whether the law is suitable or not. If the jobless workers get engaged in the paid-work and administrated by a certain working unit, the working unit will assume the responsibility of going through the recruitment and disposal of employees formalities, paying the society insurance, providing jobs and so on. It is the standard labor relation. The involved laborers can be dealt with The labor law of the People's Republic of China(The labor law is called for short in the article), The labor contract law of the People's Republic of China(hereinafter referred to as The labor contract law), The worker regulations of annual vacation with pay,etc. directly. This kind of labor relation can be guided by the laws easily, which will not be discussed in the article.Compared with the standard labor relation, it becomes entirely different in choosing the suitable laws for the workers with the relatively special identities.The scope of these special identities of laborers includes the laborers who have the special labor relation with the working unit, foreigners working in the territory of China, and workers assigned by the informal public service organizations. Dealing with these special labor relation only needs to comply with the regulations of the working time, the minimum wage, and the labor protection. Other rights and obligations between the laborers and the working units will be implemented by their agreement.Despite the regional difference in handling the special labor relations, as The interpretations of the supreme people's court on issues of applicable laws in labor dispute cases(3)(hereinafter referred to as the judicial interpretations(3))was issued on the September 14, 2010, the standards were settled down. However, it leads to the differential treatments in a certain unit. Besides, due to the regional differences of social security system, the industrial injury insurance of the special labor relations, in part, cannot be treated equally in the territory of China, which causes some industrial injury compensation getting unpaid, and the working units have to take higher costs and risk in the employment. When it comes to the applicable laws dealing with the foreign employment within the territory of China, regional differences are more significant. The differences brought by the local laws and regulations lead to the different results of the similar case in handling the issues of the foreigner employment, such as the different legal effects of the working permission.Labor laws and regulations are closely related to the basic rights and interests of workers. However, it is difficult to require the mass, who are not legal practitioners, to know the different regional laws and regulations. Moreover, the issues of applicable laws coping with the special labor relations are not stated clearly in the widely known The labor law and The labor contract law. It is not good for the involved party to exercise the rights correctly, and it is easy to make the involved party question the justice of the judicial result, which hinders the promotion of judicial credibility. It is imperative to eliminate the regional differences and the differences within a certain unit, and build the unified labor and social security rules that should be organized and compiled uniformly.This article will be developed with the representative cases of these three kinds of special laborers, then present the respective characteristics, backgrounds and applicable laws, and at last summarize the disadvantages in reality.