Research On The Deconstruction And Types Of Labor Service Relations

Labor relations have always been in a position of unclear boundaries and unclear positioning.In practice,in order to avoid employment responsibilities and obligations,employers formally establish labor relations,but in reality they are labor relations.With the development of the economy and society and changes in employment patterns,the social relations exchanged for "labor products" have undergone diversification.Changes,and the single identification of labor relations and unreasonable risk burdens make labor relations a tool for employers or individuals to evade social responsibilities,which urgently need to be categorized research.This article compares the differences between labor relations and related relations from the perspectives of broad,middle and narrow meanings,and highlights the indicative characteristics of labor service providers in labor relations.Taking the selected judgement cases as the analysis samples,we summarized the identification types of labor relations in practice,and inspected the legal norms and case samples.It was found that the cases defined as labor relations were in various forms,but there were no clear identification rules,and the labor service providers were employing labor.The risk burden in the relationship is unreasonable and unbalanced.In order to protect the legitimate rights and interests of labor service providers,it is necessary to deconstruct labor relations,apply the law accurately according to the nature of the matter,and strictly enforce the law to restrict the discretion of judges.This paper conducts a typified research on labor relations and design of risk burdens,and believes that in an equal labor relationship,labor providers are willing to take risks,and labor relations lead to contractual and cooperative relations.For labor relations with subordinate nature,taking into account the employer’s substitute responsibility and social protection,employment relations should be oriented towards labor relations and labor relations in a narrow sense,and in the face of new forms of employment,the scope of application of subordinate labor relations laws is narrowed.Appropriately broaden the scope of protection of labor service providers,pay attention to the simultaneous coordination with the socialization of civil law,and make it connect with labor law,which is more conducive to the comprehensive,classified and appropriate protection of labor service providers.