A Study On The Circumvention Behavior Of Labor Law By Employer

The evasion of law is the behavior to circumvent the obligations well-formed in law.And when this concept is put in labor law with the unique characteristic of the labor law department,that is the employer escape its obligations to avoid the labor law.This is different from the legal evasion involved in international law and it is also different from the “fraudulent” and “false”behavior in private law.The behavior has three ways to avoid the effect of law,with a peaceful,“consensus”,and covert means :one is replacing labor contract with cooperation relationship;then forced to pretend voluntary;and the third one is to change the corporate body.It causes the consequence of workers rights and interests are harmed,makes the laborer’s identity can’t be sure,the law system is unable to apply,the labor relations in a state of flux.That behavior is the reason that causes changes in Labor Legal Relationship.I think,if you want the behavior established that must be on basis of the two sides agreed effectively,that is the first step to estimate whether it have an impact on the previous Labor Legal Relationship.And the second step is judge the legal consequences according to logic analysis method.If the harm done by the employer is legal rights and interests of laborer,and the behavior is not reasonable itself to circumvent the labor law,it shall be deemed to be illegal,and should bear the corresponding legal responsibility.The background of the behavior is to rely on loopholes established by law or convergence in law enforcement,to cleverly evade employer responsibilities and obligations stipulated by law,and to have the advantage of being in the position of superior voice and low legal cost.The frequent implementation of circumvention by the employers has the advantages of external environment and internal relations,which is the actual cause of this behavior.On the basis of perfecting the laws,and through the legal analysis and judge the behavior of employer to improve the judicial ability,at the same time establish labor law enforcement mechanism,give full play to unions and labour administration department to enforcement supervision security role.The avoidance behavior can be reduced only from the source to the whole stage of the solution,to achieve harmonious labor relations,to promote the effectiveness of law.