On The Recognition Of Dual Labor Relations And Its Institutional Improvement

The development of new technology has broken the space and time barrier between workers and means of production,and the employment mode has undergone profound changes.The phenomenon of one worker establishing labor relations with multiple employers has become more common in China’s labor market.The emergence ’of this phenomenon poses a challenge to the identification of labor relations based on the traditional "unitary" labor model.Due to the lack of clear criteria for determining dual labor relations in China’s labor law,there has been controversy over the legality of dual labor relations in theory.In practice,there have been many issues such as the generalization of the concept of dual labor relations and different judgments in judicial cases,resulting in reduced credibility of the rule of law and damage to the rights and interests of workers,exacerbating the inequality of labor relations.The report of the 20th National Congress of the Communist Party of China clearly pointed out the need to improve the distribution system,adhere to the principle of "more work,more pay",encourage hard work to become rich,and regulate the order of income distribution.Protecting the rights and interests of workers under dual labor relations is the proper meaning of implementing this policy.Establishing and improving the dual labor relations system can to some extent improve the logical mechanism of China’s labor law,activate surplus labor,maintain fair distribution of labor and capital,and solve the structural problems faced by China’s labor market.This article focuses on the legitimacy establishment and institutional improvement of dual labor relations,with case studies as the research object.Firstly,discuss the connotation and extension of dual labor relations from a legal perspective,and demonstrate the legitimacy of dual labor relations and the necessity of institutional improvement;Secondly,establish a case database with 126 samples,find common factors that may affect the judgment results in the cases,verify the hypothesis in the formal verification of data analysis,summarize the underlying logic structure of legal reasoning in such cases,and build a judgment thinking model;Once again,based on empirical research results,summarize the current situation of dual labor relations identification and identify the root causes of the problems;Finally,based on the experience of rule of law at home and abroad,we will explore a path to improve dual labor relations that is suitable for China’s practice,in order to achieve the ultimate goal of safeguarding the legitimate rights and interests of workers,improving harmonious labor relations with distinctive characteristics of the new era,and maintaining the fairness and justice of the rule of law in the corner of safeguarding the rights and interests of workers in the new era.