On The Judicial Determination Of Factual Labor Relations

At present,with the rapid transformation of China’s new economic era and the continuous healthy growth of economy,the development of socialist economy is in a period of transformation of development mode and the transformation and adjustment of the entire industrial structure.At present,the composition of all kinds of labor relations in our society is single,and the public ownership market economy has developed to the present ownership market economy,The development of the labor force has shown a diversified development trend,and the main structure of the labor force has also begun to change significantly.In China’s judicial practice,labor disputes directly caused by factual labor exist widely.Therefore,it is an important legal issue to correctly handle the identification of factual labor relations in judicial practice for the current labor law of our country.Due to the increasingly complex situation of labor disputes in China,there will be a large number of factual labor relations for a long time in the future,and the existing labor contract system in China,whether in theory or in practice,can not play a more obvious role in promoting the labor relations at this stage.Therefore,this paper first defines the de facto labor relationship,analyzes its forms in practice and the causes of its formation in our labor relationship,then analyzes the current disputes in the judicial practice of our country’s de facto labor relationship,and obtains the problems about the identification of de facto labor relationship in the laws and regulations within the scope of our country’s current labor law,Put forward perfect suggestions.The article is divided into four parts.The first part is mainly the definition problem of the concept of judicial identification in the fact that labor disputes.First,the definition of labor relations and its identification standards are defined.Secondly,it defines the concept of factual labor and analyzing its identification standards;finally,the facts of factual labor relationships and labor legal relationships,labor relations,and contractual relations are analyzed.The article is divided into four parts.The first part is the definition of the concept of judicial cognizance in factual labor disputes.First of all,it defines the definition of labor relations and its identification standard.Secondly,define the concept of factual labor and analyze its cognizance standard;Finally,it analyzes the different characteristics between factual labor relations and labor legal relations,labor relations and contract relations.The second part mainly analyzes the current legislation of our country and the standards of the academic circles for the recognition of the factual labor relations.Combined with cases,this paper analyzes the general rules of the identification of factual labor relations in judicial practice.It provides some new ideas for the identification standard of factual labor relations in China.The third part mainly analyzes how to identify the factual labor relations of some special personnel,such as retired employees,construction enterprises,outsourcing employees,vehicle affiliation,etc.in different cases,and summarizes the defects in the identification of factual labor relations within the scope of China’s labor law.The fourth part is to improve the relevant recommendations.This paper puts forward some suggestions to improve the practical problems found in the previous article,and then hopes to promote the improvement of the relevant laws and regulations on factual labor in China,and protect the vital interests of the majority of workers.