Report On The Application Of Labor Law In The Field Of Construction In Wuhan

In the field of building construction,the general contractor subcontract project to multiple construction enterprises,construction enterprises just do the same,even although contractor forbid the construction enterprises to subcontract engineering which it had undertaken in the contract,in the practice the contractor under the profit-driven will often subcontract the engineering to enterprises or individuals who do not have the qualification of employment.Although the construction department and the Labor administrative department do the related regulations to stop it,the result to carry out the regulations is not optimistic in the practice,and in the field of construction,the contradiction of labor dispute is still outstanding.In our country labor law never give a specific position about individual contractors in law,making the law divorced form the reality,in the reality,contractors employing the construction workers are mostly the individuals,this is also one of the reasons resulting in low labor contract signed directly,in addition,the construction workers are usually workers groups,large number of people have thin legal consciousness,once its individual contractors did not comply with the verbal agreement,labor rights of construction workers is very difficult to get support,and industrial injury problems resulted in poor working environment with non-standard operation is also a problem in the field of construction.The lack of legislation on individual contractors in the construction field make us completely ruled out the possibility that the labor law is applicable to construction workers,however,we can't judge the presence of labor relations between the construction workers and unit in charge of construction just according to the theory standard of labor relations,for special(non-standard)labor relations,we cannot apply mechanically rigid dual judgment standard to judge it as adjustment for the civil law category excluding the application of the labor law.Countries should give clear standardization of guidance to solve this kind of problem through legislation or through judicial interpretation,using applicable labor laws.Make it Precise that what areas can be negotiated on at the same time,and make a clear regulation about the minimum wages,working hours,labor standards such as industrial injury compensation,occupational protection,complying with legal minimum standards.