The Judgement Of Labour Relations Of Workers Hired By Operators Of Individual Contractors

In recent years, many construction enterprises of their production and businessoperation activities would be contracted to individuals by labor service contract, whohiring workers again. There is a large difference attitude in theory and practice aboutthat such individual contract of employment is affected by the adjustment of the LaborLaw or is affected by the adjustment of Civil Law. Many workers who are employedby the operators of individual contractors consider that there is a labor relationsbetween them and the contracting unit, a hidden employment of labor relations. In fact,there is not labor relations but a civil employment relationship between the two.I hope that workers can identify the individual contract, and pay attention to thelatest changes of the applicable law through this article. Workers who are employedby the operators of individual contractors have not signed a written contract, and donot have sufficient evidence to prove the relationship with construction units whichembodies the personality of labor relations and economics from the essentialcharacteristics of the property. At the same time, a consensual labor relations does notbe established between them and contract awarding units for construction. Yet it is notappropriate to identify labor relationship exists between the two in this case. As soonas the individual contracting operators violating the labor contract law to hire theworker, injuries will be caused to the worker, and it shall take several and jointliabilities with contract awarding units for construction and the individual contractingoperators.