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

Refers to the unit of choose and employ persons labor relations and labor between the owners in the process of implementing labor under the management of unit of choose and employ persons and all payments to owners of labor adjustment by the labor law of the rights and obligations relations.In multiple layers of subcontract construction industry circumstances currently divergence on the cognizance of the labor relationship between the main body is bigger,in this paper,the construction industry is the complex relationship of choose and employ persons from the standard of labor relationship and employment relationship standards,labor relationship and employment relationship to comb the distinction between multiple subject between can make labor relations.The first part of this article simply introduces the content of the case,enumerate the court found that the main objective facts,inductive case two controversial focus;Article second part is the case,this part firstly expounds the connotation and characteristics of labor relations,including the fact that labor relations theory problems,both at home and abroad are introduced as the main criteria of labor relations,this article through the analysis of the standards of labor relations and the law,the relevant regulations that dispute both sides do not have labor relation in this case,at the same time,the analysis of the employment relationship,compared with labor relationship,parties to the dispute does not constitute any legal relationship.The third part of the article is thinking and suggestion,this paper improve the legislation status,unified the applicable law,perfecting the responsibility mechanism,that an employment relationship will be "desirable" as one of the standard of four angles,personal views put forward aiming at the problems at present,further standardize the cognizance of labor relations.