| In this article,The basis for the settlement of labor relations is the confirmation of labor relations.The traditional labor mode of laborers has experienced many problems in the process of adapting to the market.With the high marketization of the economy,the convenience brought by high-tech technology has transformed the traditional factory-style employment mode into a flexible employment mode,regardless of whether it is employed.Units or laborers are already changing the traditional model.Double labor relations,shared employment,and labor dispatch have become trends with the help of high and new technology,and their employment patterns have become more flexible.However,behind this flexible employment is the identification of labor relations in a diversified and complicated direction,while the legal provisions for the confirmation of traditional labor relations are seriously lagging behind.The contradiction between the two has affected the harmony of the labor market.This paper takes a typical factual labor relationship confirmation case as an example to explore the problems of the current legal provisions to solve the labor relationship confirmation in such cases,and seeks ideas and suggestions for solving such problems through the exploration and enlightenment of theory and practice.The article is divided into five parts,mainly for the single law applicable standard when the labor relationship is confirmed in the research case,which stipulates that the understanding is different,the legal relationship is complicated,and the factual labor relationship is difficult to confirm and research is carried out.The first part is the introduction,which mainly includes the research background and significance,the research status and research methods at home and abroad.The second part is the case introduction and controversial analysis.It mainly based on the dispute points of the parties and has a law on the legal relationship that interferes with the confirmation of labor relations.After analyzing and sorting out,it is found that the legal relationship involved in this case is complicated and the labor relationship is difficult to be identified.The third part mainly analyzes the causes of the above problems,which are mainly divided into three aspects.First,there is the existence of legal norms,that is,the understanding of the constituent elements is ambiguous and The relevant regulations are seriously lagging behind and untimely;secondly,the employment mode of the transportation industry has the influence of non-standard labor relations factors;again,the employer artificially weakens the labor relationship and makes the labor relationship complicated;the fourth part mainly discusses the improvement of the factual labor relationship.The problems that need to be solved are unfolded,that is,qualitative analysis of non-standard labor relations is required,legal interpretation should be regulated,and factors that are weak in attributes caused by technology should be eliminated,and factual labor relations should be studied as non-standard labor relations.The fifth part is based on the above analysis and argumentation,and proposes a solution to the difficulty of confirming labor relations.That is to say,the legal elements of the factual labor relationship should be reconstructed,with non-standard labor relations and government institutional reform as the breakthrough point,and the problem of confirming labor relations in the case should be solved according to local conditions.The objective of the article is based on solving the problems existing in the case.In the process of exploring the theoretical and practical experience of solving problems,this paper deeply considers and analyzes the problems in the research cases,and finally puts forward the problems.Solve the path and hope to benefit the research or legislation of the case of confirmed labor relations. |
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