Labor Laws Protect Workers' Need To Expand Their Faces

Only when there is a new explanation for the cognition of labor relations, will there be labor law to protect workers' expansion.

This problem is worth studying.

The headache for lawyers is that migrant workers have not signed a labor contract.

Because regardless of work-related injuries, arrears of wages, dismissal of financial compensation, overtime pay and allowances, etc., begging rights must first try to obtain evidence of the existence of factual labor relations.

Lawyer's forensics is a process of wits. If it is not for professional knowledge and support for legal aid migrant workers, and evidence of the existence of factual labor relations, lawyers will not win a lawsuit, let alone workers lacking legal expertise.

Only protect the legal rights and interests of labourers with labor relations.

Some people say there are dozens of ways to prove the existence of labor relations, such as wage cards and work clothes issued by employers, but in new labor relations, these can not prove labor relations.

For example, when a wage card enters a wage, it is the person entrusted by the unit, or the Commission of the "cooperative" partner, which can not prove the existence of the labor relationship.

The practice case also proves that the net worker has the work clothes which the unit sends, but requests the confirmation and the unit to have the labor relations, the result is the defeat.

The social insurance paid by the enterprise to the employees is a direct proof of the existence of the fact labor relationship, but no unit will pay social security to the laborers who have not signed the labor contract.

Labor relations are three important elements. First, labor relations happen in the actual labor process.

There is a direct connection with the laborers; the two is the parties to the labor relationship, one is the laborer, the other is the laborer who provides the means of production, and the three is a party worker, who should become a member of the other party's unit and abide by the labor rules and relevant systems within the unit.

It can be complicated or impossible to prove that the existence of labor relations can be avoided by employing units intending to avoid labor relations or "Internet +" employment.

In fact, in the "serious disaster area" of migrant workers' work-related injuries, the government has also quietly revised the identification of labor relations under special conditions.

Labour and the Ministry of labour in 2005

The notice of the Ministry on matters relating to the establishment of labor relations stipulates that the employing units, such as construction and mining enterprises, will contract the project (business) or the management right to the organizations or natural persons who do not have the qualification of the main body of the employment, and the workers who are recruited to the organization or natural persons shall bear the responsibility of the main body of the employment by the employer who has the qualification of the employer.

This is equivalent to the fact that there is a factual labor relationship between the peasant workers and the eligible employment subjects under certain conditions.

But the regulations are vague and cannot be regarded as a rigorous legal basis.

Theoretically, trade union membership card is also a proof of the existence of important labor relations.

The articles of association of the labor union stipulates: "all the enterprises, institutions, organs and other social organizations in China, whose wage income is the main source of life or the laborers and mental workers who establish labor relations with the employers.

You can join a trade union as a member. "

In the past, if there were no labourers working with employers, they could not join the trade union.

But at present, as long as wage income is the main source of employees, can also join trade unions, such as labor workers or unfixed workers.

The constitution of the trade union has not changed. The trade union has innovated the organization work according to the new employment mode, and is also a change in the cognition of labor relations.

Does labor law require new explanations for the three elements of labor relations?