Under The Dual Labor Relations Of Social Insurance Of Legal Probliems

With the development of economy, great changes have taken place in China’s employment system. Flexible employment labor relations have become more and more popular. The workers with the dual labor relations of identity is also more and more(In this paper, the dual labor relations include dual labor relations over multiple labor relations).With the formal implementation of the "labor contract law" in January 1,2008,dual labor relations also appeared. But whether it is the "labor contract law" and in 2012 the Supreme Court issued the "Supreme People’s Court Interpretation on Several Issues concerning the applicable law of labor dispute cases (three)", the dual labor relations provides only a limited scope of application. For the problem of social insurance under the dual labor relations, the "social insurance law of the People’s Republic of China" of July 1,2011 is no more required. There are a few provisions in the department regulations and local regulations of work-related injury insurance of the dual labor relations only. Due to lack of China’s law for dual labor relations identification and the social insurance problem of dual labor relations, the dual labor relations of the employees and the employer’s legitimate rights and interests are not effectively protected, disputes occurred between employee and employer will be in the embarrassing situation.This paper is divided into three chapters. By selecting a typical case of social insurance labor dispute under the dual labor relation, analysis the problems and cause,as well as improvement and protection of social insurance system under the dual labor relations.Chapter one:Based on dual labor relations, some typical cases relating to social insurance will be discussed in this chapter. It also provides an elaboration of legal issues regarding social insurance, which are caused by dual labor relations.Chapter two:By studying dual labor relations and the basic theory of social insurance, the fact and handling of some-cases will be addressed respectively in this chapter, and some debatable issues will be also included.Chapter three:Focused on the current legal issues of social insurance caused by dual labor relations, this chapter will provide some solutions, which includesenhancing legal protection, reforms of social insurance system, information disclosure, strengthening judicial protection, to boost the management of social insurance under the dual labor relations. In this way, this thesis is expected to be an essential role in promoting the development of dual labor relations in our country and the legal system concerning social insurance as well.