Research On The Protection Of Laborers' Rights And Interests In The Factual Labor Relationship

At present,due to our country,the fact that labor relations caused by the increasing number of labor disputes,resulting in social problems and social contradictions increasing,and "labor law" on the scope of protection of workers is gradually reduced.Therefore,only a full understanding of the serious consequences of the factual labor relations,to protect the growing influence of the fact that the labor relationship in order to better create a stable and harmonious working environment.Therefore,the author will proceed from the actual situation of our country,combined with the relevant provisions of our existing laws,as well as domestic and foreign legal and legal scholars point of view,the facts of labor relations in the basic issues of a detailed analysis of the relevant labor relations Theory,how to determine the facts of labor relations,and how to distribute the subject matter of the relationship between the facts of the burden of proof,the author will be from the fact that the concept of labor relations,constituent elements,the reasons for the formation and other forms of analysis,for how true To achieve the interests of the majority of workers put forward some of their own views.This paper analyzes the four main cases through the analysis of four typical cases,and discusses the two main points of controversy on how to determine the existence of de facto labor relations between the two parties and the distribution of the burden of proof.For the first focus ofthe problem,the author put forward the legal status of the de facto labor relations,and the fact that labor relations into the scope of our laws within the proposal;for the second controversial focus,the author from the protection of workers legal rights point of view,And put forward the proposal of how to distribute the burden of proof of the subject on both sides.In the end,the author puts forward his own countermeasures from the legislation,the judicial practice and the administrative department,hoping to provide some suggestions for protecting the legitimate rights and interests of the laborers in the labor relations.