Research On The Qualification Of Grassroots Autonomous Organization As The Subject Of Labor Relation

Villagers' committees and neighborhood committees are the grass-roots mass autonomous organizations established according to law in our country and are unique to our country.They play an important role under the socialist system with Chinese characteristics.The author uses "neighborhood labor dispute" and "villager committee labor dispute" as the key words to count the cases of Chinese arbitration paperwork,and draws the conclusion that in the judicial practice,the grass-roots mass autonomous organizations are hard to identify as the main body of labor relations Conclusion.Since grassroots autonomous organizations in the field of labor law did not clear their main qualification,resulting in the standard of judicial practice is not uniform,identified chaos,the rights and interests of workers can not be protected,so it is extremely important to clarify the qualification of the main labor.The first part of this paper takes the relevant cases included in the Chinese referee's net from 2013 to2017 as a sample source to carry out statistical analysis,through the data to reflect the status of the trial in recent years,and list the typical cases as a problem.The second part of this article elaborates the practical problems concerning the qualification of the main body of the labor relations among grassroots autonomous organizations,that is,different opinions in judicial decisions,the status of grassroots autonomous organizations and the single standard of labor relation in China.Based on the above problems,the third part analyzes the main qualification of grassroots autonomous organizations with the main body of labor relation.Based on the connotation and composition of the main body of labor relation,this paper further elaborates the realistic basis for grassroots autonomous organizations to possess the qualification of labor relations subjects Finally,it discusses the criterion that the grassroots autonomous organizations meet the qualification of the main body of labor relation,that is,from the perspective of the commonality of employers and the nature of labor relation,it is determined that autonomous grass-roots units have the qualification as the main body of labor relation.The last part of this paper puts forward some legislative proposals to clarify the qualification of grass-roots mass organizations as the main body of labor relation.Firstly,it clarifies the connotation of employing units and increases the concept of employing units in the labor contract law.Second,to improve the system of eligibility of the main body of labor relations at the grassrootslevel,that is,to improve the system of differentiated protection for workers,to improve the relevant contents of the determination of labor relations in the social insurance system,and to protect the labor relations in fact The legitimate rights and interests of the people.