On The Rationale Of Judgments Of Determining Employment Relationship Of Three Intermediate People's Court Of Suzhou,Changsha And Urumqi

It is important to confirm labor relations in labor law cases.Based on the determination of labor relations,the application of China's Labor Law and Labor Contract Law to protect the legitimate rights and interests of laborers and employers.The key point of the judge's reasoning in the labor relationship determination judgment is to confirm the nature of the contract signed by both parties and to determine whether there is a factual labor relationship.The development of the Internet era has broken through the framework of traditional labor relations,and a new type of labor relations has emerged,which has also brought about the problem of the determination of new types of labor relations in judicial practice.This article collected the judgments of the "confirmation of labor relations" in the eleven years of Suzhou Intermediate Court in eastern China,Changsha Intermediate Court in central China,and Urumqi Intermediate Court in western China.By analyzing these 1247 judgments,we study the reasoning of judgments about the determination of labor relations in judicial practice.Identify and explore factors that affect the rationality of the labor relationship determination judgment,such as what evidence is required to determine the labor relationship,what conditions need to be met to constitute the factual labor relationship,and so on.I found from the judgment that there are several problems in the reasoning of the current labor relationship determination judgment,including the roughness and lack of legal rules for labor relationship determination,the inaccurate application of the law,and the insufficient argumentation and reasoning.Based on the analysis of the above problems,it puts forward suggestions for improving the standard of labor relationship identification,improving the accuracy of the application of the law,and enriching the argumentation and reasoning process of the judgment.