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Nonstandard labor relations legal regulation

Author: LuoZuo
Tutor: ZhouYouSu
School: Sichuan Academy of Social Sciences
Course: Economic Law
Keywords: Standard labor relations Non-standard labor relations Legal Regulation
CLC: D922.5
Type: Master's thesis
Year: 2011
Downloads: 80
Quote: 0
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Abstract

The non-standard labor relations corresponds to the concept of standard labor relations, labor time, labor remuneration, workplace, insurance benefits, and labor relations on the one hand, or the many ways different from the establishment of industrialization on the basis of the traditional mainstream labor (Employment), not covered by the current labor laws and regulations, or only part of the specialized provisions covering labor relations general. Theoretically, both standard labor relations or non-standard labor relations, its essential character is the same, that is the subject of labor is labor capacity; labor, the object is the creation of labor, services, material or spiritual wealth in society ; fruits of labor is labor remuneration. Therefore, the standard labor relations, non-standard labor relations should get the same level of legal protection. China's labor law, however, still remain in the mainstream traditional standards of labor relations regulation, the regulation of non-standard labor relations is a very imperfect. The one hand, through years of exploration and practice, the standard the legal adjustment mechanism of the labor relations have been relatively complete, including contracts entered into the form of the Labor Standards conditions, fire protection and social insurance, including comprehensive regulatory system; the other hand, non- standard labor relations law adjustment narrow coverage, supporting measures lag means of a single adjustment problems still exist, need to be further improved and perfected. Therefore the need for a comprehensive analysis of the social background of non-standard labor relations, look at the review of existing labor legislation mode, for which several typical non-standard labor relations form the legislative idea, and ultimately improve the coordination between norms and facts fit degrees. This paper attaches great importance to the labor laws and regulations, judicial interpretation, reference to the administrative regulations and departmental rules and interpretation, every one of these normative documents, each designed to embody the experience and wisdom of the legislators, the judiciary and stakeholders. Moreover, the article also special attention to the referee instance combing and analysis, \Laborers are vulnerable groups of workers in non-standard labor relations more vulnerable groups of vulnerable groups, labor legislation only fully respect and reflect their needs before natural supremacy, and thus truly become the people's livelihood themes and the value regular expressions.

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