Research On Protection Of Laborers’ Rights And Interests In Incomplete Labor Relations

The concept of "incomplete labor relations" was put forward for the first time in the Guiding Opinions on Safeguarding the Labor Security Rights and Interests of Workers with New Employment Forms,aiming to promote the protection of the rights and interests of workers with new employment forms and ensure the steady development of the sharing economy.The proposal of incomplete labor relations has triggered a heated discussion on whether the labor legislation system should be transformed into a "three-part labor system".On the one hand,this paper sorts out the interpretation of incomplete labor relations in academic circles and official documents,on the other hand,it combines the labor subordination attribute with the employment mode under the new employment form,and finally analyzes that the nature of incomplete labor relations is a new employment relationship unique to the new employment form with weak personality subordination,economic subordination and organizational subordination attribute.Combined with practice,this paper finds that there are three main problems in the protection of the rights and interests of incomplete labor relations workers,namely,the misjudgment of the identity of incomplete labor relations workers in judicial practice,the scope of rights of incomplete labor relations workers is unclear,and the regulation path of incomplete labor relations is unclear.In order to solve the above problems,this paper compares the practices of countries with three-point labor system and countries with two-point labor system in the protection of laborers’ rights and interests in incomplete labor relations between the civil law system and the Anglo-American law system.After summarizing,it is found that the advantage of three-point labor system compared with two-point labor system is that it can classify laborers by dividing them into different categories.The better protection of the legal rights and interests of workers under the sharing economy,and the construction of labor three-point system is also conducive to the development of future labor legislation.Therefore,this paper puts forward three countermeasures and suggestions based on the three-point labor system.First,combine the labor legislation experience of the United States with the status quo of our labor legislation,adopt the new mode of examining the factor mode and constitutive requirement mode,and establish the identification standard of incomplete labor relations based on the attribute of labor subordination.Secondly,it constructs the incomplete labor rights system of basic rights plus unique rights,and clarifies the scope of unique rights.Finally,through the dual means of legislation and administration to carry on the effective regulation of incomplete labor relations.