Research On The Subject Of Labor Relations In Village Committees

For a long time,the villagers'committee(hereinafter referred to as the "village committee"),as a grassroots autonomous organization,does not have the qualifications of civil subjects and labor relations.However,in practice,the village committees engage in civil activities in their own name,and the fact of hiring workers is common,so its role is very embarrassing.The current legal norms do not clearly define the qualifications of civil subjects and the qualifications of labor relations,which makes it difficult for village committees to participate in civil activities smoothly in this situation,which breeds many disputes.Among them,the labor disputes involved in the village committee are endless and difficult to solve.In judicial practice,the judiciary can only make judgments according to the provisions of the Organic Law of the Villagers'Committee of the People's Republic of China(hereinafter referred to as the Organic Law of the Villagers'Committee),and basically does not recognize the qualifications of the labor relations of the village committee.In fact,it is normalization for the village committee to recruit laborers to engage in labor,and the employment of wage earners is also in line with the characteristics of labor relations.However,when a labor dispute arises between the village committee and its external personnel and is appealed to the court,the court generally believes that the legal status of the village committee determines that it does not have the qualification of the labor relations subject,and does not belong to the employer in the sense of labor law.Also,it is not subject to labor law adjustment.The court also does not recognize the existence of labor relations between the two,which makes it difficult for the legitimate rights and interests of workers to be properly protected.On March 15,2017,the "General Principles of the Civil Law of the People's Republic of China"(hereinafter referred to as the "General Principles of Civil Law")was passed,and the village committee was granted the qualification of "special legal person" to qualify as a civil subject and to engage in civil affairs required to perform functions.The activity solved the problem of the positioning of the civil subject and provided the direction for the clarification of the positioning of the village committee.According to the academic circles,the qualifications of employers are based on the qualifications of civil subjects.The"General Principles of Civil Law" gives the villagers the qualification of civil subjects,and the confirmation of the qualifications of the labor relations of the village committee has the value of advance and foundation.Therefore,the author tries to explore the improvement of the relevant laws and regulations of the employer unit of labor relations in China and the feasibility of the village committee to be included in the scope of the employer in the context of the civil law qualifications of the village committee,in order to pass its own glimpse.It provides useful help for the proper settlement of labor disputes involving village committees and the protection of labor rights of external personnel.There are four parts in this article.The first part is a brief introduction to the current situation of labor disputes in village committees.At present,the labor disputes involving the village committees are endless,and the courts present different judgments on the outcome of the referee:some courts recognize the qualifications of the labor relations of the village committee,that is,the qualifications of the employer;some courts believe that the village committee does not have labor.The qualification of the subject is not an employer.The second part starts from the concept and connotation of employers in China,the relevant regulations of employers in the labor law system of Taiwan and the judgment requirements of legal qualifications in China,and expounds the necessity of perfecting employers in China.The third part starts from the fact that the village committee incorporates the actual foundation,property conditions and organizational conditions of the employer category,and discusses the feasibility of the village committee to be included in the scope of the employer.As a grassroots mass autonomous organization,the village committee has many questions in the category of employers.This section explores whether the village committee has independent property to control and distributes wages for external personnel;whether it has the conditions and ability to organize and manage external personnel,and provides a feasible basis for the village committee to be included in the scope of employers.The fourth part puts forward some suggestions on the labor disputes involving the village committees according to the predicament of the above-mentioned employers and the obstacles that the village committees have included in the category of employers.On the one hand,we must constantly improve the connotation and extension of employers,and include the village committee;on the other hand,we can solve the labor disputes involving the village committees and protect the legitimate rights and interests of workers by improving the labor relationship discrimination standard,the laborer differential protection system,and establishing a sound rural legal aid system.