Research On The Identification Of Labor Relations

The definition of employment relations itself is difficult to be accurately interpreted.It leads to the standard of determination of employment relations having become a serious issue in the field of Labor and Employment law constantly.With the development of the sharing economy,the world's major industrial countries now are facing the issue that what will sharing economy affect the standard of determination of employment relations.In recent years,various courts in China have solved cases involving the identification of employment relations between the shared economic enterprises and employees.Through the observation and analysis of the cases,there are two main defects in the current standard of employment relations in China.The first is overstating the function of the written employment contract in the employment relations identifying standard.It makes the administrative organization and judicial departments are difficult to tell the real legal relationship between the two sides by the legal fact through the procedures.Secondly,the current standard of determination of employment relations in China absorbed the theories of the world advanced industrialized countries such as Germany and Japan at the same time,which resulted in the lack of flexibility in the specific application of it.The dependence on written contract in the determination of employment relations stems from the special historical background of the development of China's Labor and Employment law.When the principle of "fact first" is absorbed by the standards of the employment relations in various countries China should conform to the development and get rid of the dependence of the identification of employment relations on the written contract and take the related facts of subordination of work as the basis to determine the employment relations.As to solve the problem of the rigid defects of the standard of employment relations,standards of Germany,Italy and other countries have provided constructive ideas.Facing the trend of gradual separation between economic subordinated employee and those under typical employment relations,it is practical to set up a standard of economic subordinated employee by breaking through the standard of identifying typical employment relations under traditional industrialization.