Research On Legal Issues Of Factual Labor Relation Determination

Current,China's social economy is in the period of development and transition and the period of industrial structure adjustment,the main body of labor relations from the past single public ownership economy,transition to the present economy of various forms of ownership,the labor structure also appeared significant changes,including not only the enterprise employees,but also relates to migrant workers,administrators and managers,the attendant is diversified,complicated labor relations,labor relations in fact also presents the form of complex.The facts of labor relations,not only is to determine the identity of workers,and workers wages,working years,the foundation treatment of industrial injury insurance disputes.To deal with the fact that labor relations,directly affect China's economic development and social stability and harmony.This paper argues that,because the reality numerous and complicated,the fact that labor relations exist,and will be in the future for a long period of time is difficult to eliminate,in China's current labor contract system,both in theory and in practice,has been difficult to adapt to the present stage of China's labor relations need to be developed.Therefore,this paper attempts to define the fact that labor relations clear,analysis of forms and reasons for its performance,combined with the present situation of our country recognized the fact that labor relations,analysis of the existing facts of labor relations problems of the current law of our country,on the basis of this,the cognizance of the fact that labor relations suggestions.This paper includes four parts.The first part is an overview of the research on labor relations in fact.First of all,the definition of labor relations that were clear,analyzed the fact that labor relations characteristics of different labor relations,such as the complexity of concealment;secondly,the manifestation of the fact that labor relations,and analyzes the causes.The second part is the comparison of legislation of two legal systems in labor relations.Based on the common law countries of the factual labor relation adjustment mode analysis,and civil law countries,summarizes the overseas advanced legislation experience,provides some new ideas for the cognizance standard of our country labor relations in fact.The third part is mainly to study the general rule of determining the factual labor relations in China.At the same time,it analyzes the identification of factual labor relations in some special cases,so as to find the shortcomings of our current law in the factual labor relations identification.The fourth part is the fact that labor relations suggestions.In view of the existing problems,put forward the corresponding improvement suggestions,so that the relevant law of labor relations in China is increasingly perfect,the immediate interests of workers to get maximum protection,relationship between the employer and the employee to advance.