非标准劳动关系的法律研究
发布时间：2018-08-10 20:32
【摘要】： 非标准劳动关系是从灵活就业中产生的一类劳动关系,由于其特征相对于标准的劳动关系发生了变化,因而不受劳动法的规制。然而,由于其广泛的吸纳劳动力,提供了众多就业岗位等等,灵活就业发展的日益大。但是学界对其态度却各持己见。特别是伴随着我国劳动合同法的出台,学者们对非标准劳动关系的争论愈演愈烈。我们到底应该以一种怎样的态度来对待非标准劳动关系,成为我们必须面对的重大问题,也是一个难题。本文第一章介绍了学界有关非标准劳动关系得争鸣,部分学者坚决对其持的否定的态度,而另外一部分却正是视其正面作用,因而造成他们对非标准劳动关系的态度也有所区别,有的认为法律不应当进行规制,有的认为需要严格的限制,有的认为要适度的规范。笔者赞同适度规范的观点,在正视其作用的同时,通过立法来避免其负面效应,使得其社会价值得当的发挥。非标准劳动关系在世界广泛存在,第二章,笔者对国家劳工组织对非标准劳动关系的态度进行研究,发现国际劳工组织对非标准劳动关系也历经了从否定到肯定,从严格限制到适度规范的过程,并且结合部分国家的情况分析了原因。并且总结出国际劳工组织对非标准劳动关系的态度是放松管制,促使其实现体面劳动,这是一种低标准广覆盖的思路,本应为我国立法所借鉴。然而从第三章的分析,可以看出我国劳动立法对灵活中十分重要的劳务派遣却反其道而行之,并且对大量的非标准劳动关系视而不见。第四章,笔者立足国际劳工组织放松管制,低标准、广覆盖的思想,对我国的几种典型存在的非标准劳动关系中做出了一定建议。
[Abstract]:Non-standard labor relation is a kind of labor relation which is produced from flexible employment. Because its characteristics have changed relative to the standard labor relation, it is not regulated by labor law. However, due to its extensive absorption of labor force, provide a large number of jobs and so on, flexible employment development is growing. But scholars hold their own views on their attitudes. Especially with the introduction of labor contract law in China, scholars' argument on non-standard labor relations is becoming more and more serious. What kind of attitude should we take to deal with nonstandard labor relations has become a major problem that we must face, and it is also a difficult problem. The first chapter of this paper introduces the academic circles on the non-standard labor relations to contend, some scholars firmly hold a negative attitude towards it, while the other part is just to see its positive role. As a result, their attitudes towards non-standard labor relations are different, some think that the law should not be regulated, some think that strict restrictions are needed, and others think that they should be properly regulated. The author agrees with the view of moderate norm, facing its function squarely, avoiding its negative effect through legislation, and making its social value play a proper role. Non-standard labor relations exist widely in the world. In the second chapter, the author studies the attitude of the National Labour Organization to the non-standard labor relations, and finds that the International Labour Organization has experienced from negation to affirmation of non-standard labor relations. From strict restriction to moderate standard process, and combined with the situation of some countries to analyze the reasons. It concludes that the attitude of the International Labour Organization to the non-standard labor relations is to relax the control and promote the realization of decent work, which is a kind of low standard and wide coverage idea, which should be used for reference by the legislation of our country. However, from the analysis of the third chapter, we can see that the labor legislation of our country is very important to the flexible labor dispatch, but it does the opposite, and turns a blind eye to a large number of non-standard labor relations. In the fourth chapter, based on the ideas of the International Labour Organization (ILO) on deregulation, low standards and wide coverage, the author makes some suggestions to several typical nonstandard labor relations in China.
【学位授予单位】：华东政法大学
【学位级别】：硕士
【学位授予年份】：2008
【分类号】：D922.5
本文编号：2176123
[Abstract]:Non-standard labor relation is a kind of labor relation which is produced from flexible employment. Because its characteristics have changed relative to the standard labor relation, it is not regulated by labor law. However, due to its extensive absorption of labor force, provide a large number of jobs and so on, flexible employment development is growing. But scholars hold their own views on their attitudes. Especially with the introduction of labor contract law in China, scholars' argument on non-standard labor relations is becoming more and more serious. What kind of attitude should we take to deal with nonstandard labor relations has become a major problem that we must face, and it is also a difficult problem. The first chapter of this paper introduces the academic circles on the non-standard labor relations to contend, some scholars firmly hold a negative attitude towards it, while the other part is just to see its positive role. As a result, their attitudes towards non-standard labor relations are different, some think that the law should not be regulated, some think that strict restrictions are needed, and others think that they should be properly regulated. The author agrees with the view of moderate norm, facing its function squarely, avoiding its negative effect through legislation, and making its social value play a proper role. Non-standard labor relations exist widely in the world. In the second chapter, the author studies the attitude of the National Labour Organization to the non-standard labor relations, and finds that the International Labour Organization has experienced from negation to affirmation of non-standard labor relations. From strict restriction to moderate standard process, and combined with the situation of some countries to analyze the reasons. It concludes that the attitude of the International Labour Organization to the non-standard labor relations is to relax the control and promote the realization of decent work, which is a kind of low standard and wide coverage idea, which should be used for reference by the legislation of our country. However, from the analysis of the third chapter, we can see that the labor legislation of our country is very important to the flexible labor dispatch, but it does the opposite, and turns a blind eye to a large number of non-standard labor relations. In the fourth chapter, based on the ideas of the International Labour Organization (ILO) on deregulation, low standards and wide coverage, the author makes some suggestions to several typical nonstandard labor relations in China.
【学位授予单位】：华东政法大学
【学位级别】：硕士
【学位授予年份】：2008
【分类号】：D922.5
【引证文献】
相关硕士学位论文 前6条
1 胡乾锋;中国船员派遣法律问题研究[D];大连海事大学;2010年
2 陈小玲;非标准劳动关系研究[D];西南政法大学;2010年
3 聂林艳;论非标准劳动关系的法律规制[D];华侨大学;2011年
4 谢璐芸;关于劳务派遣的规范与发展若干法律问题研究[D];上海社会科学院;2010年
5 付淑敏;非全日制劳动者同工同酬权的法律保护研究[D];中南大学;2012年
6 周正林;非全日制用工制度研究[D];中南大学;2011年
，本文编号：2176123
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