On The Fact That Labor Relations Protection Of Workers

The existing of factual labor relations has becoming the significant social problemin China, but the protection of the factual laborers is the not so equivalent. This defectlead to the constant impairment of the laborers, not only greatly discourages the laborers,but will also give rise to the contradiction which will be harmful to the socialdevelopment and management. Therefore, it is necessary for us to analyses thefundamental theory problems of the factual labor relations from the aspect of thepractical situation, discuss the concept of the factual labor relations, induce the formingreasons and constitutive requirements, and research the academic attitude of the factuallabor relations, analyses the advantage and disadvantage of the existing theories one byone to get the best solution. Meanwhile, we should in-depth analysis the status quo of thefactual labor relations in China, compare the legislations broad to get the better solutionsof the factual labor relations problems. From what I have mentioned above, this articlewill be divided into four parts.The first part is about the theoretical analysis of the special protection of laborers inthe relations of factual labor relations. First, we will define the concept, characteristic andconstitutive requirements of the factual labor relations, which is the object of the study.Second, we will introduce three theories of the factual labor relations,the theory offactual labor relations invalidation; the theory of factual labor relations transformation;the theory of factual labor relations comprehensive protection. At last, we will discuss thetheoretical basis of the special protection of the factual relation laborers, which includesociologic, law, economics and political foundations.The second part is to research of the status quo of the laborers protection in thefactual labor relations. First, we will introduce the status quo of the laborers protection inthe factual labor relations in China, through the legislation of factual labor relation, topinpoint the limitations. Then, we will discuss the defects in the legislations, whichinclude the lack of law and settlement of dispute.The third part is about the comparison and reference of the regulation pattern of factual labor relation abroad. First is about the research of the factual labor relationabroad, which include the Anglo-American and civil legal system. Second is to comparethe differences. Last is to give the suggestion on the basis of the right restrictions ofdifferent countries.The forth part is to give suggestions to the legislation of the laborer protection in thefactual labor relation. First is to refresh the idea of the laborer protection in the factuallabor relation, which include the idea transformation, clear the legal situation of thefactual laborers. Second is to expand the form of the factual labor contracts. At last, inthe aspect of the protection, we should consolidate the remedy mechanisms, whichinclude the strength the protection of laborer rights, and the burden of proofs.