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The dual labor relations disputes Case Analysis

Author: ZhangQin
Tutor: HuDaWu
School: Southwest University of Political Science
Course: Legal
Keywords: Dual labor relations Legal Status Protection
CLC: D922.5
Type: Master's thesis
Year: 2011
Downloads: 346
Quote: 0
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Abstract

As China's social and economic development, labor relations have shown a trend of diversification, including the identification of the double labor relations problems caused a lot of controversy. Due to the traditional theory of the impact of labor relations, before the implementation of the Labor Contract Law, China's current labor laws do not recognize the legitimacy of dual labor relations. However, with the implementation of the Labor Contract Law, China began to labor relations conditional dual protection, recognizing its legitimacy. However, the court in dealing with the dual labor relations cases, still more than the first heavy labor relations relationship identified as labor relations, labor relations resulting dual interests of workers can not be fully reasonable protection. Therefore, I choose to elaborate dual labor relations that theorists should strengthen research on dual labor relations, legislative sector should improve our current labor laws and regulations, in order to promote harmonious labor relationship building and development. In this paper, in the form of case studies of labor relations for the dual problem of identification of theoretical inquiry, and improve our system of dual labor laws proposed some ideas. This article is divided accordingly discusses the following levels: The first part is the case referenced herein described. The first is the introduction of the cause of action, and Wang Cheng-hung, the company recognized labor relations disputes. Secondly outlines the basic facts, the case of first instance and second instance court ruling parties to the dispute during the grounds of appeal. Finally case focus of controversy is whether the recognition of the legitimacy of dual labor relations. The second part is a double legal analysis of labor relations. Author first dual meaning of academic labor relations issues in detail combed introduced dual labor relations scholars on a different understanding of the concept, and as a basis to determine the studied labor relations in the dual specific connotation and denotation. Currently in China formed a part-time, part-time employment, leave without pay and other forms of dual labor relations coexist. Secondly, the proposed establishment of the dual legal system of labor relations value of significance. Then, leads to academia about the legal status of dual labor relations dispute, summarizes the existing three perspectives: Negative faction of view, eclectic ideas and certainly faction of view. Finally, the dual labor relations should be regarded as a special form of labor relations reasons and methods. The third part is a double labor relations practices in foreign countries. Reference large amounts of data, in the form of text and tables to introduce a dual labor relations developments in foreign countries and the basic legal system, dual labor relations in foreign countries showing a booming trend, especially in Europe and other countries. The fourth part is concerned with our dual system of labor relations and judicial practice. First, the dual labor relations involved in the legal system expanded commentary. Focuses on the \Secondly, citing a number of precedents in the judicial practice, presentation of the Court in dealing with labor relations cases double the different approaches to identify the current judicial practice of labor relations for dual boot. Section V presents the dual labor relations on the legal protection of specific countermeasures. States shall give legal and policy support, correctly handle the dual social insurance and labor relations issues of economic compensation. Part VI is a dispute cases Comment. I believe that in Wang and Cheng-hung tin Parks Corporation and the company formed a double labor relations cases, the male way of a worker because the company that can only exist with an employer of labor relations, the latter can only be identified as a labor relations labor relations, So Wang and Cheng-hung between the companies is only labor relations, labor relations does not excuse can not be established, and Wang tasks of the two companies had no effect, the court shall determine Wang Hung Cheng exists between the company and the labor relationship.

The dual labor relations disputes Case Analysis

Abstract

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