Research On Legal Relations Of Labor Using In Construction Industry

Under the background of the prosperity and development of Chinese market economy,the construction industry also presents a prosperous scene.The construction industry needs more labor than other industries.For workers,construction is an important industry for employment.With the changes of the times and the market environment,the old employment method has been unable to meet the current market demand of the construction industry.Therefore,the construction labor market spontaneously formed a new way of employment.However,due to the vagueness of the nature of the legal relationship of employment,disputes have arisen over the nature of the legal relationship of new employment methods in the construction industry.The dispute is not conducive to the labor protection rights of construction workers.The introduction part elaborates the development of Chinese construction industry,inflation of labor force,change of employment manners and its enormous influence on legal relations with regard to construction industry.The employment in the construction industry has its particularity.The employment subject in the construction industry is multi-layered.The main body of employment includes general contracting enterprises,professional subcontracting enterprises and labor service enterprises,and individual contractors.The employment subject in the construction industry is multi-layered.The main body of employment includes general contracting enterprises,professional subcontracting enterprises and labor service enterprises and individual contractors.The most common use in construction is individual contractors.Compared with other professions,the professional characteristics of construction workers are quite different.Moreover,the employment methods in the construction industry are quite different from the standard employment methods.The construction industry is not only complicated in employment,but also difficult to standardize management.In order to regulate the employment in the construction industry,various places have made different explorations and issued local management standards.Normative management methods vary from place to place.The legitimacy of many local norms needs to be renegotiated,and the pros and cons of the norms need to be further evaluated.The superposition of various factors and causes has led to disputes over the legal relationship of employment in the construction industry.These factors include the change of social environment,the lag of theoretical research on employment relations and legislation,and the conflict between judicial practice,social customs and law.There are differences and connections between these factors.The factors interact,restrict and influence each other.Based on the research and theoretical analysis of the employment relationship in the construction industry,the author has a certain understanding of the employment relationship in the construction industry,and thus puts forward some viewpoints and methods.In terms of construction employment mode,different employment models can be constructed according to the characteristics of the industry.Not only can the traditional employment mode be retained,but also innovative employment mode can be constructed.The restriction of the employment subject in the traditional employment mode will lead to the separation of the employment subject,employment behavior and employment responsibility.Innovative mode can expand the scope of employment subject.The innovative model no longer imposes strict restrictions on the scope of the subject of labor relations and employment.Relaxing the subject of employment can not only make the actual subject of employment bear the legal responsibility of employment,but also make the employment behavior correspond to the responsibility of employment.Regarding the non-conformity between standard labor relations and non-standard labor relations,we need not to make absolute requirements on the forms of employment.We can use a variety of forms of employment and amend the law.We can incorporate non-standard employment relations into labor relations and take clarifying the legal nature of employment relations in the construction industry as the starting point,so as to promote the standardized construction of employment and build a harmonious order of employment relations in the construction industry.