Legal Regulation Of Multiple Labor Relations

In the era of planned economy,labor relations were established on the basis of singleness and exclusivity,forming a standard labor relations.With the advance of reform and opening up,the relationship between labor supply and demand has undergone profound changes,and multiple labor relations have flourished.New forms of business and their corresponding non-standard labor relations spring up like mushrooms,showing a strong vitality,and gradually show a heavy labor relations parallel,each half of the trend.This phenomenon is closely related to the positive evolution of economic globalization,the vigorous promotion of governments at all levels,the rapid expansion of the Internet +,and the internal motivation of people’s pursuit of diversification of a better life,but its root cause lies in the establishment of the market economy system.Facing the future,in order to enhance the competitiveness of domestic enterprises,break through barriers,cope with complex international challenges,and achieve the great rejuvenation of the Chinese nation,we need to give full play to the advantages of strong flexibility of multiple labor relations.Despite the existence of problems and deficiencies,its positive significance and existence value are still dominant.With the development of multiple labor relations,the academic thoughts in the field of labor law have been violently collided,debated and sublimated.The main problem we face first is how to treat multiple labor relations,should we adopt the strategy of "blocking" or "thinning" ? Second,how should the labor law system adjust accordingly? In the process of adjusting the labor law system,what degree should be grasped,or what are the key problems to be solved? Compared with one labor relationship,the characteristics and identification criteria of multiple labor relations become ambiguous.In the process of restructuring labor law,how should we properly solve these problems? To ensure that the legal system is better adapted to the needs of social change and development.In order to systematically respond to the above problems,this paper starts with the definition and characteristic analysis of multiple labor relations,and then sorts out the origin of multiple labor relations with many legal and economic theories.On this basis,the author makes an in-depth analysis of the disputes such as the affirmation,compromise or not,and confirms the logical starting point for the next research on the legal regulation of the multiple labor relations.After laying the foundation of the system,the paper continues to discuss the types of multiple labor relations,the reasons for rapid development and the problems faced.The conclusion points out that the emergence and development of multiple labor relations is the inevitable result of the interweaving,interaction and mutual influence of various internal and external factors,and has strong vitality.Then,through the analysis of several cases,it reveals the drawbacks and defects in the development of multiple labor relations from the perspective of legal practice,and points out the shortcomings of the current relevant laws and regulations.In view of the specific defects of various non-standard labor relations and existing labor laws,it provides specific suggestions for the final solution of the problem.Since then,the development of logic inevitably requires reflection on the current labor law regulations.For this reason,this paper selects several specific multiple labor relations and evaluates the relevant current regulations,pointing out that there are misalignments between the inherent concept and the current labor relations ecology,between inclined protection and the balance of labor and capital interests,between strict regulations and the requirements of labor and capital autonomy,and between principle guidelines and operational deviations.Then,through systematic comparison and reference of the relevant foreign legal regulations,we can get inspiration from it,that is,we should pay attention to improve the foresight of legislation for the legal regulations of multiple labor relations;Legislation should focus on key areas and give full play to the initiative of all parties.Strike a balance between deregulation and inclined protection;Strive to raise the level of legislation.After the above-mentioned preparation and analysis,this paper returns the development of logic to the solution of the problem.In the end,from the aspects of labor law principles that should be followed,reconstruction of relevant legal regulation framework design,basic related legal system optimization plan,the basic design of China’s labor legal regulation system for the healthy development of multiple labor relations and the main content.This paper includes the introduction and the thesis,and the thesis part includes five chapters,as follows:In the introduction chapter,first of all,the background of the topic is discussed,pointing out that the vigorous development of multiple labor relations is the result of the comprehensive effect of many reasons such as the establishment of market economy system,which has a certain objective necessity.However,it also brings a series of new challenges and problems,which need to be solved by restructuring the labor law regulation system on the basis of balancing labor flexibility and safeguarding workers’ rights and interests.After that,the significance of the topic is discussed,among which the theoretical significance is to build the theory of multiple labor relations.The practical significance lies in exploring the complex internal structure and development law of multiple labor relations,and providing feasible schemes for reconstructing the labor law system.Secondly,it summarizes the research status in a large space,and believes that the existing research content is relatively rich,which has laid a necessary foundation for the following research,but it has not been able to give a suitable solution to some new changes in multiple labor relations.Thirdly,the research ideas and methods are given.The basic logic of this paper is sorted out,the logical relations of each part are determined,and the corresponding research methods are defined.Finally,the research difficulties and innovation points.The former mainly lies in the fact that the explosion of information technology such as Internet + has led to the diversification of multiple labor relations and complicated internal structure,which is quite challenging to accurately judge.At the same time,it is quite difficult to construct a new labor law system comprehensively,systematically and accurately.The latter is mainly embodied in the theory of balance of rights for multiple labor relations,pointing out that the effective way to solve the problems related to multiple labor relations is to restructure the labor law system,and put forward a set of new standards for identifying labor relations under multiple labor relations.The first chapter focuses on the theory of multiple labor relations.On the premise of fully clarifying its basic meaning,this paper summarizes its characteristics from seven aspects.The most important part of this chapter is to explore the theoretical origin of multiple labor relations from the two dimensions of economics and law,and seek the theoretical basis of constructing multiple labor relations.On this basis,the author tries to put forward the right balance theory about multiple labor relations.In other words,under the premise that the rights of both employers and employees are still unequal,the rights inequality of each specific multiple labor relations has a new form of expression,and it is possible to achieve the balance of rights under certain conditions through the adjustment of relevant legal regulations.Its core is to maintain the balance between the basic legitimate rights and interests of vulnerable workers and the so-called labor flexibility of employers to maintain a certain degree of labor freedom in order to maintain their competitiveness.This is a "second best" choice,but it is the basic principle that should be grasped in the reconstruction of the labor law system.Finally,it is a comprehensive interpretation of how to view the three theories of multiple labor relations and to evaluate.The second chapter analyzes the types,causes and difficulties of multiple labor relations.First of all,according to the combination of workers and employers,labor content,and the subjective will of workers,the multiple labor relations are classified into two types,competition and compatibility,and their characteristics are briefly analyzed.Then,on the basis of describing the evolution of multiple labor relations in our country,this paper analyzes the causes of multiple labor relations from the aspects of external environment,market basis,government promotion,the boom of Internet + industry and the internal motivations of workers,and expounds that the rapid development of multiple labor relations and related problems are the inevitable result of the combined effects of various internal and external factors.Among the many influencing factors,the most critical factor is that the market mechanism constitutes the external environment for the generation of multiple labor relations,and the pursuit of diversified life is the internal motivation for the development of workers.Finally,on the basis of affirming the positive effect of multiple labor relations,the paper analyzes the realistic difficulties faced by multiple labor relations from four perspectives: the dispute between "blocking" and "thinning",the balance of interests of all parties,the identification of labor relations and the regulation of multiple labor relations.On the one hand,there are many obstacles and troubles in the healthy development of each specific non-standard labor relationship;on the other hand,its own shortcomings have formed an intrusion on all stakeholders and an impact on the necessary labor order,so a new labor law is needed to provide necessary guidance,management and protection.Chapter three discusses the attitude towards multiple labor relations and the disputes arising therefrom from the perspective of judicial precedent.First of all,through the analysis of typical cases,summarize the main claims of multiple labor relations cases and the court’s judgment theme,sort out the most typical three types of cases under multiple labor relations and evaluate.It can be seen that even the judicial organs have gone through the stage of ideological disunity,and their attitudes towards multiple labor relations are not consistent or even quite different.No matter which viewpoint is held,in fact,there is no direct legal basis to judge the nature of the labor relations of the parties,which indicates that the current labor law has seriously lagged behind the development of multiple labor relations,and the necessity of reconstructing labor law is prominent.On this basis,the paper discusses the inadaptability of multiple labor relations trials under the current judicial system.It shows that not only the substantive labor law does not adapt to the emergence and development of multiple labor relations,but also the corresponding procedural law and even the judicial system.That is,labor mediation lacks legal effect and cannot play its due role.The scope of acceptance of labor arbitration cases is narrow,the advantages of arbitration pre-procedure outweigh the disadvantages,the dispute settlement period is long,the cost is high,and the labor supervision and supervision system can not be force.The fourth chapter analyzes the defects and deficiencies of the current labor law regulation in the face of multiple labor relations.Firstly,this paper systematically analyzes the existing labor law regulations applicable to different types of multiple labor relations,and summarizes its basic stance and legislative tendency on non-standard labor relations such as part-time employment,labor dispatch and platform employment.On this basis,it is pointed out that in the face of multiple labor relations,the dislocation between the existing labor law regulation and the actual demand comes from the inherent concept and the new labor relationship ecology,the tilted protection and the balance of labor and capital interests,the strict regulation and the appeal of labor and capital autonomy,and the principle guidance and operation.By considering the comparability,influence,data abundance and other factors,the author selects six international organizations and countries,such as the International Labor Organization,the European Union,the United States,the United Kingdom,Germany,and Japan,to conduct a comparative study on the extra-territorial legal regulations on multiple labor relations.It is concluded that the forward-looking legislation should be emphasized in the formulation of relevant labor law regulations for multiple labor relations.Legislation should focus on key areas and give full play to the initiative of all parties.It is necessary to strike a balance between deregulation and inclined protection.Efforts to improve the level of technology and other conclusions.This paper systematically and deeply probes into the foreign experience that can be used for reference in China’s reconstruction of the labor law system oriented to multiple labor relations.Chapter five discusses the improvement path of multiple labor relations legal regulation.Obviously,in the limited space,the task of reconstructing the labor law system can not be fully and deeply completed,but this paper still carries on a useful exploration of related issues.First of all,this paper puts forward the principle and practice approach of labor law for multiple labor relations,and then takes the balance between labor flexibility and inclined protection of workers under certain conditions as the goal choice and legislative intention of restructuring labor law system,discusses the normative design and institutional appearance of multiple labor relations adjustment.Finally,from the perspective of reconstructing the labor law system oriented to multiple labor relations,this paper discusses the adjustment of the basic contents,basic tasks and division of labor of major labor laws such as Labor Law and Labor Contract Law,the establishment of new "labor standard Law" and the positioning and main contents of specific non-standard labor relations special laws.In addition,it also includes the coordinated revision of relevant laws and regulations such as the Social Insurance Law,the Trade Union Law,and the Labor Security Supervision Regulations.