Identification Of Labor Relations Of Passenger Vehicles Linked In The Management

Passenger vehicles linked in management is a product of special historicalbackground of China, which had an important effect on promoting China’s economicdevelopment and safeguarding the people’s normal life. However, with thedevelopment of market economy, the passenger vehicle product of planned economyaffiliated business has been unable to meet the economic and social development.Therefore, the state expressly prohibited Passenger vehicles linked management. Butdue to historical and practical reasons, passenger vehicles linked the management isstill the main absolute passenger transport market in China, many workers engaged inrelated work. Therefore, affiliated labor relations identified business case forpassenger vehicles will not be avoided. At present, in the judicial practice, thepassenger vehicles linked that labor relations management is put in different position,which lead to the judicial confusion, seriously damage to the judicial authority andimpartiality, and even damage the legitimate rights and interests of workers.The article is divided into six parts.The first part, the article introduces a practical case and the opinion of theChongqing city’s court, and then summarizes the focus of debate, at last the problemof passenger vehicles linked in the management of labor legal relationshiprecognitions is put forward.The second part, the affiliated business of passenger vehicles is brieflyintroduced. Passenger vehicles linked operation in the history of our country has gotthe country’s strong support, which is the product of policy. In recent years, on the onehand it has been illegal because of the restraining policy of our national, on the otherhand it exists numerously because of the need for economic and society. This reality isone of an important reason which lead to the judicial difficult. At the same time,passenger vehicles linked business is special, different from the typical form ofoperation, which also led to the labor relation with atypical.The third part, the article state the particularity of passenger vehicles linked in the management of labor relations. There are two main features, namely the subject ofnon correspondence and relates to the interests of the parties. In the business ofPassenger vehicles linked, the relation between people and their affiliation is thecontract relation, which generally exists in the " lease contract " form; the drivergenerally was affiliated person engaged in passenger service, in accordance with therequirements of their affiliated person; human driver handle relevant qualificationcertificate, the driver is nominally affiliated person employees, and is to be anchoredin the name of the person engaged in the work of. It is this not corresponding toperplexing determination of labor relations, the most important reasons that result inthe judicial confusion. The identification of Passenger vehicles linked that laborrelations management involves affiliate, the affiliated person, the driver and trafficaccident the injured person’s interests, it will bring enormous impact, so in the judicialcognizance we should particularly note.The fourth part, the article tells us how to identify it. Identification method of thetheory of labor relations, in the Anglo-American law system adopted control said, inthe continental law system adopted the attribute, China has also adopted the attribute.The content of the attributes is different, in different countries; the theory circle of ourcountry also has the dispute, at present the main personality from the attribute,economic attribute and the attribute from the organization. The attribute theory pointsout the basic characteristics of labor relations, it brings important significance. China’sdirect provisions that passenger vehicles linked business labor relations are mainlyembodied in the regulations, the Supreme Court Administrative Tribunal comments aswell as some local government regulations, which has a certain reference value.The fifth part, the article point out the problems when we identify the vehicleslinked labor relations management by five aspects. It is wrong that he put the controlsaid as the only standard for determination of labor relations. Determination of laborrelationship shall include the objective and subjective judgment, the attribute is thefundamental characteristics of labor relations, but it does not contain all the elements.The attribute theory has some defects, its basic criteria are somewhat controversial,therefore he can not exaggerate subordinate role. From the specific content of the attribute is inconclusive, exaggerate its role will bring the adverse impact of laborrelations. Effect of level passenger vehicle China affiliated normative documents thatmanagement of labor relations is not high, it can not be directly referenced in theadministration of justice. The labor relationship between these normative documentscovered by narrow, it can not cover the passenger vehicle affiliating operation injudicial practice. And, most rules of normative documents are fuzzy and not directlyspecified in labor relations; it is difficult to draw the conclusion of recognition. Injudicial practice, the court succumbed to social reality, ignoring national policyguidelines for judicial cognizance, does not consider the effect of link contracts,resulting in judicial cognizance error; around the judicial cognizance is absolutelydifferent.The sixth part, the thinking of identifying the labor relation in passenger vehiclesis the focus of this paper. First of all, when he identify the labor relations in passengervehicles，he should follow to protect the legitimate rights and interests, play up to theinexorable trend of social economic development, guarantee social equity and justiceprinciple. In the absence of law, he shall be guided by the basic principles. Secondly,in the determination of labor relations in passenger vehicles he should confirm thesubjects, deny the contract between the affiliate link, infirm there is no linked and itdoes not exist labor relations. In order to protect the legitimate rights and interests oflabor，he shall confirm the labor relations between affiliated people and the driver. Toanalyze the case of judicial judgment, that the judges the result is correct, but there aresome problems in the identification, legal relationship, legal application of judgethought. Finally, in view of the situation of the present judicial, the article put forwardthe unified judicial measures.