Legal Studies On The Tour Guides’ Determination Of Labor Relations

Determination of labor relations is the premise to apply the labor law,is the key of labor rights and interests protection of workers,and is the prominent legal affair that employers should dispose.As far as the tour guide is concerned,owing to the fact that tour guides work differently from ordinary workers,they have problems such as flexible work units and hours,flexible places of work and flexible payment,which makes them significantly different from standard labour relations.In addition,due to the fact that our country is currently in the process of reforming the management system of tour guides,tour guides are in a state of "multi-head management",the rate of signing labor contracts is low,and their employers is unclear.The number of cases about the tour guides asking the identification of labor relations continued to increase,bringing a lot of difficulties to judicial practice.If the labor relations between tour guides and employers cannot be accurately identified,the labor rights and interests of the tour guides,such as the remuneration,rest and vacation,work injury insurance,etc.cannot be effectively protected.Tour guides may be triggered by various interests and may cause some tourism chaos.Therefore,in order to improve the service quality of tour guides,it is necessary to protect the labor rights and interests of them,standardize the labor legal relationship between employers and guides,and make the tourism industry of our country obtain the legal impetus for development.This paper begins with two cases of controversial cases.By analyzing the focus of trials,it is found that there are problems in the judicial practice that the trial standards are not uniform and the trial results are different.Secondly,through analyzing and studying the relevant theory of labor relations affirming,this author further discusses the standard of determining the labor relations of tour guides,that is,the confirmation of labor relations should be based on the actual employment,and fully consider the subordinate attribute between the two sides.Thirdly,considering several cases and the work characteristics of tour guides,the author puts forward the legal problems existing in the confirmation of labor relations between tour guides and employers,including the low signing rate of labor contracts and the unclear definition of employers,the subordinate attribute of tour guides is weakened,and it is easy to be confused with civil legal relation and so on.Finally,through thinking about the legal problems in the affirming of tour guides’ labor relations,this paper puts forward corresponding suggestions on solving the problems in the identification of tour guides’ labor relations,protecting the labor rights and interests of tour guides,and constructing a harmonious and stable labor legal relationship.Hope to make a useful exploration for promoting the development of China’s global tourism.