Elementary Analysis On Legal Regulation Of Concealed Employment

The concept of the “Concealed Employment”was brought forward bythe International Labor Organization (“ILO”),which means the statuswhere the emoloyer forges superficies which are different from the factto conceal or distort the employment for the purpose to weaken or confinethe legal protection to the employees concerned.The Concealed Employmentinvolves two types of social relationship: one is the genuine employmentwhich in nature reflects the essentials of the employment,based on whichthe parties must abide by the labor law and social security law insteadof staying out of the relationship which is a type of relationship otherthan that of the employment,and hence falls out of the regulation of thelabor law.The main prupose to adopt the Concealed Employment is to escapethe regulation of the labor law,avoid providing the statutory labor andsocial security to the employees,or to evade the national taxes,etc.thebackground for the emerging of the Concealed Employment varies:there arereasons from the perspectives of economy,enterprises and employeesthemselves. The specific forms are roughly two types: one is in the formof civil relationship, e.g. to achieve it in the form of training agreement,to achieve it by transforming the establishment of employment, and so on; the other is in the form of tri-partite employment with the commonest formof using dispatched employees, contractors, private-owned employmentagency, or franchise business, etc. ILO has been keeping a close eye onthis social phenomenon of the Concealed Employment, and analyzed therelevant social relationship and the specified forms of thereof with anexpectation to attract the attention from their members of differentcountries, and provide reference to the regulation on the ConcealedEmployment.The Concealed Employment comes abroad; this type of unlawfulpractice has spread rapidly and widely under the legal cover in China.However, the study on this area is rare in China, and hence has not drawnsufficient attention. With the lack of legislation, legal liabilityimposed on the employers, the interest of the employees concerned is hardto be protected. Therefore, I intend to write this article through thelogical analysis, integrating theory into practice, to analyze the directimpact of Concealed Employment on the employees, the long-term influenceto the enterprises, and the potential influence to the society throughthe study of the forms and characteristics of the Concealed Employment.In the meantime, I will refer to the regulatory measures taken by ILO andthe advanced western countries on the Concealed Employment so as tocontribute some reasoning on the legal regulation on the ConcealedEmployment. This article will focus of the following aspects: the statusquo of China labor market, the features and forms of the ConcealedEmployment, the regulation experience of ILO, Germany, Japan and otherwestern countries, and the recommendation on the legal regulation on theConcealed Employment of China.