Research On Legal Issues Of Non-standard Labor Relations

Non standard labor relations with the third industry,the development of economic globalization,high-tech science and technology progress,"Internet plus"era and the popularity of platform sharing economy development.Non standard labor relations to flexible employment,flexible employment forms in the society in all walks of life,compared to standard labor relations with the flexible and flexible and diversified features unique,become the two-way choice of workers and labor party to maximize the benefits.Non standard labor relations and labor relations is a concept relative to the standard,its essence is still labor relations,but due to the complexity characteristics of non-standard labor relations,the criteria and the current legislation of our country legislative ideas to standard labor relations as the core does not adapt to.Under the realistic background of the large-scale development of the non-standard labor relations,it has caused the phenomenon that the non-standard labor relations are in the dilemma of the theory and the judicial practice.On the one hand,the existing laws and regulations system of our country that legislation of non standardized labor relationship is not perfect,the legislative level showing low,the lack of overall adjustment norms,the subject is not clear,the content is not comprehensive,universal and other issues.On the other hand,the judicial practice in our country is that there are different opinions about the non standard labor relations in the local courts.With the development of flexible employment form,identification of non-standard labor relationship between the laborer can be widely incorporated into the labor law adjustment,flexible employment is essential to protect the legitimate interests of the dilemma,the non standardized labor relationship that has become a problem to be solvedThis paper from the perspective of the whole non standard for determination of labor relations as the starting point,clarifies the non-standard labor relationship of standard labour relation and difference in connotation and legal characteristics,analysis of non-standard labor relationship causes and background,the non standardized labor relationship "three points" and "three points" legal characteristics from the perspective of classification and specific analysis for identification of different types of non-standard labor relationship.Secondly,from the current legal and regulatory system of our country and the actual case of the trial of the current situation of non standard labor relations to identify the plight of the analysis.In view of the experience of international labor organization ILO of non standardized labor relationship attitude evolution and the judgment standard,No.198th "on the employment relationship proposal" the specific content of the Anglo American law system,"control" as the representative of the United States and Britain and the continental law system "subordination" as the representative of Germany and Japan of non standardized labor relationship determination of the judgment experience.Finally,combining the current situation of non judicial cognizance standard of labor relations,to learn from foreign experience,put forward to establish standard legal basis for determination of labor relations,"with flexible rigid and soft "and" special distinction "as the adjustment principle,determination of non standardized labor relationship to improve the legislative level,unified the expansion of the main specifications,define the scope and different types of special legal suggestions.