| In the field of construction engineering, for labor relations identified directly affect the contracting party responsibility bear and workers rights cash, in labor front-line workers and migrant workers greatly. At present, the cognizance of labor relations exist disputes and differences, there are three kinds of Views: positive theory,negative theory and the compromise theory. In the interests of drivers, many do not have the corresponding qualifications of individuals to assume the heavy responsibility of labor organizing and delivering and and the employer signed labor contracts, illegal subcontracting phenomenon emerge in endlessly. This paper tries to from real workers and contractors and illegal subcontracting relationship between starting, illegal subcontracting behavior analysis The influence of the judicial determination of labor relations, so as to provide a theoretical basis for the effective settlement of labor relations in the field of judicial determination, the article is divided into three chapters: the case content, analysis of the controversial focus of the case:the actual construction and illegal subcontracting unit whether there is labor relations,according to the case of dispute focus, straighten out the legal relationship between the case and the existing legal provisions, the third chapter, the actual construction and illegal subcontracting unit labor relations between the existence of labor relations and no difficult to define the problem to expand the thinking, and Put forward the corresponding legal advice. |