Research On The Legal Issues Of Dual Labor Relations

China’s labor law is based on the theory of single labor relations and implements a single adjustment model.Under the background of the rise and vigorous development of dual labor relations,labor relations show a diversified trend.The adjustment of dual labor relations in the existing labor law system is very unfavorable to the protection of workers’ rights and interests.The way to deal with it is often to recognize only one heavy labor relations,and others are dealt with according to labor relations,which violates the legal essence and fairness Righteousness.Renew the concept of single labor relationship,design and improve the relevant legal issues of dual labor relationship,to resolve the conflict between law and reality.This paper analyzes the dual labor relations in four parts: In the first part,the author analyzes the dual labor relations in legal theory.Starting from the concept and characteristics of dual labor relations,the scope of this paper is clear.This paper classifies the dual labor relations into the types of "virtual and real coexisting" and "real and real coexisting",and the types of "real and real coexisting" are subdivided into the types of full-time,full-time and part-time.Secondly,it sums up the current disputes and views on dual labor relations,and makes clear the necessity of establishing the legal status of dual labor relations.In the second part,the author makes a general evaluation on the legal provisions and relevant situations of dual labor relations in Germany,France and the United States,analyzes the relevant contents suitable for China’s national conditions,and draws useful foreign experience.The third part combs the current effective relevant provisions of our country and analyzes the shortcomings of the current legal provisions.And specifically from the legal status,labor standards,labor status and social security to demonstrate the defects of the current dual labor relations legal regulation.The fourth part puts forward the legal suggestions to improve the dual labor relations.Firstly,the legal status of dual labor relations should be clarified in the form of basic law;secondly,the labor benchmark of dual labor relations should be established to guarantee the working time and minimum wage,and different maximum working hour systems should be applied to different types of dual labor relations;thirdly,the legal design of dual labor relations should take into account the legitimate rights and interests of employers,so as to ensure the freedom of workers to choose jobs Finally,in the aspect of work-related injury insurance,the principle of responsibility distribution of work-related injury insurance is established.In the aspect of endowment insurance,we should unify accounts and make clear that all employers have the obligation to pay endowment insurance.And the specific responsibility distribution and payment ratio are designed to make social security more practical.