What are the basic characteristics of labor relations

The basic characteristics of labor relations is one of the things that many companies and employees are concerned about, however, there are a lot of people who don't understand some of the knowledge of labor relations. Here are the characteristics of labor relations for you to help you.

The basic characteristics of labor relations

1. It is to labor for the purpose of combining labor force and the means of production as a way, in the people to use the labor power, role in the object of labor, the realization of the labor process occurs. If the labor force is not put into use, does not combine with the means of production, does not enter the labor process, there will be no labor relations,

2. Labor relations have the dual attributes of natural and social relations

3. The subject of labor relations is fixed on one side of the labor force owner and exporter, i.e., the laborer; the other side is fixed on the occupier of the means of production and the user of the labor force, i.e., the employer. Employer. Among them, the workers in the labor process and before and after the labor force is the owner, and in the labor process or the expenditure of labor force; employer to possession of the means of production as a necessary condition for its becoming a labor force user 4 it to the use of labor force as the core, the formation of a binary rights structure. In labor relations, the owner of the labor force to be able to freely dispose of the labor force in accordance with the law, and to obtain the labor force reproduction guarantee as the basic sign5 It is a social relationship combining the attributes of personal relations and property attributes6 It is a social relationship of equality and subordination at the same time.

The main features of labor relations

1. The labor force is exclusive

The labor force is a manifestation of the physiological function of the worker, inseparable from the physiological activity of the worker's body, so the labor force and the worker's body can not be separated in a moment, and the specific labor force is linked to the specific worker, with an exclusive personal nature. The exclusivity of the labor force, that is, the exclusivity of the subject of the laborer, a specific labor force means a specific laborer; as long as the labor force does not change in the labor process, then the laborer will not be allowed to change.

The labor force and the laborer are physiologically linked, and this physiological link makes the labor force and the laborer indivisible. This specificity makes the labor force always belong to the laborer. Therefore, the author has suggested a few years ago that ? The change of labor legal relationship does not include the change of the subject on the side of the laborer. The difference between this view and the traditional labor jurisprudence is that it is from the point of view of personal relations, only the change of the subject on the side of the worker is excluded.?

2. Ownership of the means of production. Mobility

The means of production is the property owned by the employer, and it is an economic link with the employer, not a physical or physiological connection, therefore, the means of production can be fixed and unchanging existence in a particular place, but its ownership can be free to circulate between the different owners, without affecting the existence of the means of production and the combination of labor.

One of the major innovations in the theory of corporate law is the separation of ownership and management. The emergence of the company's shareholding system has opened up a new path for the rapid development of enterprises. The owners of the shareholding system are constantly changing, but its operators and business assets are in a relatively fixed state. This dichotomy between liquidity and stability is an inherent requirement of modern market economy. Especially in today's globalized economy, the mobility of capital is further intensified. The stability of the means of production has not changed much.

Knowledge of labor relations

Classification of the duration of the labor contract: fixed-term, open-ended, and for the completion of a certain amount of work.

Change of labor contract: Due to the change of circumstances in the course of performing the labor contract, part of the terms of the labor contract can be modified or supplemented by the consensus of both parties. The unchanged part remains valid.

Definition of termination of labor contract: the term of the labor contract or the termination conditions of the labor contract will be terminated.

Renewal of labor contract: The term of the labor contract expires, and the labor contract can be renewed with the consensus of both parties.

The termination of the labor contract: refers to the conclusion of the labor has not yet been fully performed before, due to some reasons leading to one or both parties to the labor contract in advance to interrupt the labor relations of the legal action.

The essence of labor relations

First, labor is a combination of relations

Because from the main body of labor relations, the parties are fixed on one side of the owner of the labor force and expenditures, known as the laborer; the other side is fixed on the owner of the means of production and the user of the labor force, known as the employer (or employer). The essence of the labor relationship is to emphasize that the worker combines all of his or her labor with the means of production of the employer. This combined relationship is observed from the perspective of the employer as the use of labor, incorporating the labor provided by the worker into its production process as a factor of production. In labor relations, labor always exists as a factor of production, not a product. This is the labor relationship is different from the essential characteristics of labor relations, the latter workers all the labor force is often as a labor product and output, reflecting a kind of buying and selling relationship or processing contractual relationship.

Second, the subordinate labor organization

Once the labor relationship is formed, the labor relationship of the party workers, to become a member of the other side of the employer. Therefore, although the two sides of the labor relationship is established on the basis of equal and voluntary, consensus, but after the establishment of labor relations, the two sides in the duties of the subordinate relationship. The employer, as a user of labor, must arrange for the workers to combine with the means of production within the organization; while the workers must use their own labor capacity to complete the production tasks assigned by the employer, and abide by the rules and regulations within the unit. This subordinate labor organization relationship has a strong subordinate nature, that is to say, become a subordinate subject of command and obey the characteristics of the management relationship. And labor relations between the parties are unorganized subordinate.

Third, the labor relationship is a personal relationship

As the existence and expenditure of labor and the workers can not be separated from the personal, the workers to the employer to provide labor, in fact, is the workers will be given to the employer within a certain limit of their personal, and thus the labor relationship is a personal relationship in its essential sense. However, since the worker gives up the right to use labor in exchange for means of living, the employer has to pay wages and other material benefits to the worker. In this sense, the labor relationship at the same time is a property relationship with the content of the labor transaction.