Judicial Determination And Responsibility Bearing Under The Dual Labor Relations

Judicial determination and responsibility bearing under the dual labor relations is a key and hot issue in juridical practice which is so difficult to manage.There are a large number of double labor relations around us nowadays.But the voice of negating dual labor relations still exists in judicial practice,and a great quantity of double labor relations are still not recognized.In addition,as the current labor law system is based on a " single labor relationship ",it does not stipulate whether the new employer is required to undertake double wage liability.It does not stipulate whether the employers need to undertake the liability for economic compensation when they are relieved of labor relations with the workers too.This has caused the phenomenon of different referees in judicial practice.Some judges have removed the responsibility of employers under dual labor relations,which encourages the illegal employment of employers and labor relations to be released at will in fact.The current law does not further stipulate the liability for industrial injury insurance of each employer under the dual labor relations.In practice,the workers and employers have a larger dispute.The high rate of appeal in dual labor relations cases reflects that the current judicial adjudication results can not satisfy the prosecutors and should be amended urgently.Apart from the conclusion,this article is divided into five parts.In the first part,I take the case of a double labor dispute case referred by the Supreme People's court in 2014 to draw up the main questions discussed in this paper.The first question is whether workers can have labor relations with two or more than two employers at the same time.The second question is how should the employers' responsibilities and obligations be stipulated in the labor law under the dual labor relations?The second part clarifies the connotation of double labor relations,lists some common forms of dual labor relations in practice and set a corresponding classification for dual labor relations.The third part points out two main problems existing in the judicial identification of dual labor relations in China,that are the voice of negative labor relations still exists and a great quantity of double labor relations are still not recognized.Through research and analysis,the main reasons for the above problems lies in the deep rooted duer of the concept of “single labor relationship”,non positive response to legislation,low level of legislation and poor operability of existing laws,the hindrance of the existing social security payment system and the worry about breaking the highest time of work.The fourth part points out the way out for the dilemma of dual labor relations.That is recognizing the legitimacy of dual labor relations and adhering to the criteria of openness.It is pointed out that dual labor relations are the inevitable choice of social development.It is pointed out that “dual labor relations” is the inevitable choice of social development and our law does not prohibit it.Most important of all,the recognition of double labor relations is of great significance.At the same time,it discusses the inevitability and feasibility of liberalized “dual labor relations”.It points out that when we identify the “dual labor relations”,we should take general permission as the principle,individual prohibition as an exception.I also enumerate the exceptions in this part.The fifth part has combed the practice of two times salary responsibility,economic compensation liability and liability for industrial injury insurance under the dual labor relations in judicial practice.On the basis of comprehensive local legislative opinions,I put forward my own views and suggestions: in my opinion,if the new employer fails to conclude a written labor contract with the laborer,it should bear the double wage liability;under the dual labor relations,the economic compensation liability of each employing unit should be assumed to be a general situation,with no commitment as an exception;when an industrial accident occurs,the unit that workers worked for is the unit that bears the liability for work-related injury insurance,Work injury treatment can't be repeated.