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Study finds employment relationship
Author: HanCaiXia
Tutor: DingWenYing
School: Inner Mongolia University
Course: Legal
Keywords: Employer's Liability Employment relationship Employment activities Labor Relations Contract relations Journeyman relationship
CLC: D913
Type: Master's thesis
Year: 2010
Downloads: 225
Quote: 2
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Abstract
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Tort Liability Employers' Liability is an important institution is the employer of servants engaged in employment activities in the damage to the third party bear tort liability. The key is to determine the employer's liability to determine the employment relationship , defined legal relationship , much easier to determine responsibility . In regard to the determination of the employment relationship , in our country there is no clearly defined legal and judicial practice to master the standards are a bit confusing, even in different courts are the same court where different judges have different verdict verdict , resulting in non-uniform administration of justice , judicial credibility being questioned , judicial authority is difficult to establish . Therefore , this article focuses around the employment relationship is divided into three parts research. The first part of the identification of the employment relationship . First, the concept of the employment relationship and characteristics are described in detail . Second, in the employment relationship that standard elaborated and analyzed. I think the control theory can better reveal the nature of the employment relationship , but in specific cases to be integrated with other relevant factors combine to identify ; practice often determine whether an employment relationship exists whether there is an employment contract from whether to get paid , whether to provide services for the content , whether authorized or directed by the employer , the employer 's identity and other aspects of judgment. The second part of the employment relationship The employment activity analysis . Several theorists expounded the doctrine . I believe that a subjective thing often intangible , difficult to grasp and easy to cause confusion. In practice, the association said should be less comprehensive consideration of their activities based on the time, place , purpose, vested interests , working with employers and other implicated . The third part of the employment relationship and the distinction between close relations . Employment relationship and the distinction between close relations with the link is in practice very difficult to grasp the problem, but also recognized the difficulty in the employment relationship . Through the close relationship that some definitions, characteristics and aspects of the employment relationship compared to a conclusion.
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CLC: > Political, legal > Legal > UNIVERSITY > China and France
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