What are the criteria for recognizing labor relations

Legal analysis: the criteria for the recognition of labor relations are:

1. The employer and the laborer meet the qualifications stipulated by laws and regulations;

2. The labor rules and regulations formulated by the employer in accordance with the law are applicable to the laborer, and the laborer is subject to the labor management of the employer and engages in the remunerated labor arranged by the employer;

3. The labor provided is an integral part of the employer's business.

If a worker is not recognized as a laborer in a labor relationship, he or she will not be protected by the labor law. In reality, there are a large number of workers who actually belong to the category of "laborer" as defined in the labor law, but because they have not signed an employment contract, it is difficult for them to prove their identity and claim their rights, and therefore they are not protected by the labor law.

Legal basis: Labor Law of the People's Republic of China

Article 2: This Law shall apply to enterprises, individual economic organizations and workers with whom labor relations are formed within the territory of the People's Republic of China. State organs, public organizations, social organizations and workers with whom they form labor contractual relationships shall be enforced in accordance with this Law.

Article 7 Workers have the right to join and organize trade unions in accordance with law. Labor unions represent and safeguard the lawful rights and interests of workers and carry out their activities independently and autonomously in accordance with law.

Article 8 Workers shall, in accordance with the provisions of the law, participate in democratic management through workers' meetings, workers' congresses or other forms, or engage in equal consultation with employers on the protection of the lawful rights and interests of workers.