Research On Legal Issues Of Recognition Of Labor Relations

In the current era of rapid economic development,with the constant changes in social relations,the increasingly flexible and diversified forms of employment are developing into new forms of labor,which makes the traditional forms of employment constantly be impacted.At the same time,in order to protect the interests of vulnerable groups,China's labor law applies the principle of inclined protection to workers,which makes the labor legal relationship a special kind of labor legal relationship in China.Once the labor relationship is established between the employer and the worker,it means that the worker enjoys many rights stipulated by the labor law,such as social welfare,social insurance,and so on.At the same time,it means that the employer should undertake many obligations stipulated by the labor law,which puts forward a higher standard for labor legislation.However,from the current legislative situation in China,the relevant labor legislation does not clearly explain what labor relations are,nor does it stipulate the concept of the main body of labor relations,nor does it uniformly stipulate the criteria for determining labor relations.In addition,there are certain theoretical gaps in academic research in this regard,which makes the current situation of our country's identification of labor relations very confusing.In determining labor relations,different courts apply different cognizances,which leads to different results in similar cases.If we want to change the current situation of the identification of labor relations and strengthen the protection of workers' rights and interests,we must do further research on a series of problems in the identification of labor relations.The full text is divided into four parts:The first part mainly introduces the basic theory of the identification of labor relations in China.Through the introduction of the concept and characteristics of labor relations,we can understand the understanding of the connotation of labor relations in academic circles.On this basis,we can distinguish the concept of labor relations from the related concepts of legal relations,and then study the effectiveness of the identification of labor relations,so as to lay a theoretical foundation for the following study of the identification of labor relations.The second part mainly introduces the relevant legal provisions of the identification of labor relations in the continental law countries represented by Germany and Japan andthe common law countries represented by the United States and the United Kingdom,and evaluates them in light of China's national conditions,finds out the similarities between the identification of labor relations in China,analyses their advantages and disadvantages,and provides reference for the reform and improvement of the identification of labor relations in China.The third part introduces the current legislation of our country on the identification of labor relations in detail.According to the relevant legislation of our country on the identification of labor relations,it analyses the legislative status quo of our country's identification of labor relations,and through the analysis of the application of different legislation and judicial practice,it finds out the problems existing in the identification process of our country's labor relations,with a view to finding solutions.In the fourth part,aiming at the legal problems existing in the identification of labor relations in China,combining with the advanced legislation abroad,the author puts forward some suggestions on how to improve it,and forms a complete system with the aforementioned contents.