Recognition Of Labor Relations In Construction Project Subcontracting

The legal nature of labor relations in construction subcontracting has always been the focus of controversy in theory and practice.the identification of labor relations in construction subcontracting is the theoretical basis to solve the problem of specific construction workers,especially migrant workers,and accurately divide the responsibility boundaries of all parties in construction subcontracting,which is conducive to social stability and economic development.At present,there is no unified standard for labor relations in the field of construction subcontracting in China.in practice,there are several different theoretical views on whether there is labor relations between the employer and the specific constructor,and the legal provisions based on various theoretical views are also different.This led to the same case,the court and the arbitration commission according to different legal provisions,infer very different conclusions,so there are a lot of different cases in the same case.Therefore,enterprises and workers in a confused situation,how to employment,labor relations can break through the contract relativity.Through the introduction of cases,this paper analyzes the reasons,scope of application and social effects of several views,and clarifies the advantages and disadvantages of various views.At the same time through the analysis of other countries identified labor relations theory,find out the commonness and can be used for reference,summed up the theoretical basis of China's labor relations.The first part of a case study of China's construction subcontracting in the judicial status quo of labor relations,arbitration and the court,as well as the court between the superior and subordinate for whether should be identified as labor relations there are very different views,leading to the main responsibility is also completely different conclusions.The second part mainly expounds the legislation status of labor relations in the subcontracting of construction projects in China.the former Ministry of labor and social security holds the view of labor relations affirmation from the point of view of protectingworkers.The supreme people's court holds the view of negation of labor relations from the point of view of the purpose and significance of law.The third part analyzes several theories of labor relations identification in construction subcontracting,explains the reasons of labor relations legislation status in China by explaining the value connotation and defects of different theories,and puts forward the author's views,thus laying the foundation for exploring a perfect and reasonable labor relations identification theory.The fourth part refers to the foreign theory of labor relations in construction subcontracting,discusses the foreign theory of labor relations in construction subcontracting in common and personality,to improve the theory of labor relations in construction subcontracting in China to provide a reference.The fifth part,through the analysis of the legislation and judicial status of labor relations identification in the subcontracting of construction projects in China,the author puts forward the standards of labor relations identification and the perfect measures of responsibility undertaking that should be established in China.Trying to find one way not only can protect the legitimate rights and interests of the specific construction,but also can maintain the legitimate interests of construction enterprises path,which is conducive to social stability and economic development.