The Research On Cases Of Labor Relationship Confirmation

The identification of non-standard labor relations is a legal blank in the current legislative system of China.As technology develops,the market economy’s requirements for efficiency have been improved,and the enterprise’s employment form has been continuously innovated.Under the weakening trend of subordinate features,how to protect the rights of vulnerable workers in non-standard labor relations,and how to build a harmonious labor relationship compatible with social development,are urgent problems to be solvedIn the twelve cases mentioned in the text,the workers went through the first instance,second instance and retrial,and finally got the confirmation of labor relations.They were all tired of lawsuits and had a long and difficult way to get relief.In general,in the event of an industrial injury or death accident,even if the worker who has not signed a written labor contract has finally obtained the industrial injury certificate issued by the labor administrative department in accordance with the provisions of the Ministry of labor and Social Affairs[2005]No.12,the employer may initiate a lawsuit requesting that the labor relationship does not exist.After they got the support of the court,they may use it as evidence to bring up administrative litigation,thereby overturning the work injury determination of the labor administration,and ultimately exempting them from liability for work injury insurance.Relying on the abundant capital strength,the employer can easily go through a long litigation process,however,the workers who suffer from work-related injury or death are exhausted in the process of responding to the lawsuit.According to current labor laws,labor relations must exist before workers can be protected.If it is determined that the worker and the enterprise are not in a labor relationship,then after an industrial injury or death,the worker will not be able to get the relief he deserves,nor will he be able to obtain work injury insurance.In current judicial practice,due to the imperfection of relevant laws and regulations on labor,criteria for determination are difficult to be unified,therefore the phenomenon of different judgment results in same case is common.The twelve cases mentioned in the text are such cases.Statistics found that in judicial practice,most of the judgment results of labor relations with work-related injuries or deaths in legal proceedings constitute labor relations,which has caused academic concerns and disputes about the generalization of labor relations.This article suggests that China should draw on the "similar labor concept" of other countries to clarify the conceptual scope of labor relations.In this concept,labor relations are clearly divided into labor contract relations(standard labor relations)and factual labor relations(non-standard labor relations).Among them,the labor contract relationship(standard labor relationship)corresponds to labor-related laws,providing workers with the most comprehensive rights and interests protection,and factual labor relations(non-standard labor relations)only protect workers ’rights to labor remuneration and the right to be relieved when work-related injuries or deaths occur.Doing so can solve the problems and dilemmas in confirming labor relations lawsuits,avoid wasting judicial resources,and protect workers’ rights to basic relief.