Research On Labor Relations Identification In Architectural Engineering Field

Construction industry is currently found a typical phenomenon,there is always an intermediary between construction crew and construction units namely contractor,who is also called project undertaker or representative.They are regularly responsible for migrant workers management,constructional quality and procedure control.These contractors are merely existence through social practice and have no actual definition in the legal field.As existence of this group produces series of problem in construction industry,such as arrears of wage or lack of migrant workers' injury compensation.In order to reduce these illegal activities and protect the proper rights of migrant workers in constructional area,several related regulations are formulated from Construction Law of The People's Republic of China,judicial organ and rules of labor and security administrative department.However,the result doesn't seem to satisfied as expected,particularly for the case related to the controversy whether there is labor relation between construction units and migrant workers who are hired directly from contractors,the very case may receive different result in different judgement.This thesis states two typical cases around the central question,differentiates the line of demarcation between labor relationship and employment relationship,with the emphasis on the identification of labor relation,clears the identifiable function of subordination in constructional labor relationship,and meanwhile stress the function of labor consensus refers to identification of labor relationship,consider whether establish labor relationship should refer to legal provision,subordination,labor consensus and related legal factors.In addition,it reveals the relationship among construction unit,contractor and migrant workers.From the last section,several legal suggestions which focus on controversy of labor relationship in constructional field are raised,specific legal regulations should be drawn up,legal relationship among the three objects should be clarified,systems of protection of migrant workers' proper rights should be improved,proposing these suggestions hopes to be helpful for building harmonious labor relationship in socialist society.