华北水利水电大学学报（社会科学版）2024，Vol.40Issue(2)：87-94,8.DOI:10.13790/j.ncwu.sk.2024.024
不完全劳动关系法律属性及制度构建探究
The Legal Attributes of Incomplete Labor Relationship and Its Institutional Construction Exploration
摘要
Abstract
By combing through the academic circles and policy documents on incomplete labor relations,and combining labor subordination with the characteristics of new employment forms and the outsourcing em-ployment mode,the author concludes that the essence of incomplete labor relations is a new employment rela-tionship with weak personality subordination,economic subordination and organizational subordination under the new employment form.At present,there are two major problems in this field:one is that the legal attrib-ute and status of incomplete labor relations are unclear,and the other is that the institutional construction scheme of incomplete labor relations is not clear.After referring to the"Similar Employee"system and the multi-factor balancing rules,three suggestions are given on the basis of the three-point labor system:the first is to put imperfect labor relations into the future Labor Code special regulation;the second is to introduce in-vestigation elements to establish the identification standard of incomplete labor relations;the third is to divide the rights of incomplete labor relations workers into basic rights and unique rights.关键词
不完全劳动关系/劳动从属性/新就业形态Key words
incomplete labor relations/labor subordination/new forms of employment分类
社会科学引用本文复制引用
聂婴智,罗玉杭,张义豪..不完全劳动关系法律属性及制度构建探究[J].华北水利水电大学学报（社会科学版）,2024,40(2):87-94,8.基金项目
广东省哲学社会科学规划一般项目(GD23CSH02) （GD23CSH02）
