What is the object of labor legal relationship?

As to whether there is an object in the labor legal relationship, the labor law circle in China initially held a negative attitude.

The report of the Third Plenary Session of the 14th CPC Central Committee renamed the term "labor market" which has been popular for a long time in China as "labor market". This is not only a simple change of title, but also makes the academic circles re-understand the theory of the object of labor legal relationship in China, and on this basis, puts forward the viewpoint that "the object of labor legal relationship is labor".

As the object of labor legal relationship, labor force has the following characteristics: (1) the personal nature of labor force. Labor exists in workers, and the consumption process of labor is also the realization process of workers' lives. This makes the labor legal relationship become a personal relationship. (2) The long-term nature of labor force formation. The cycle of labor production and reproduction is relatively long, generally it takes at least 16 years, and the formation of some abilities takes longer. It takes a lot of investment to form physical and mental labor ability. Under socialist conditions, this part of the investment is mainly borne by the individual workers. (3) timeliness of labor force. Once the ability to work is formed, it cannot be stored, and it will be naturally lost after a certain period of time. (4) the restrictive nature of labor use. Labor force is only an element in the production process, and it can only play a role if it is combined with the means of production. These characteristics of labor force require the state to take some special safeguard measures for the use of labor force, which can not only give full play to labor ability, but also protect workers from harm.

Defining that the object of labor legal relationship is labor force will have a positive impact on the establishment of labor law system. The laborer is the subject and the labor force is the object. It is the economic separation between the labor force and its owners that determines that the labor legal relationship is a contractual relationship with private law factors. The inseparability of labor force and its material carrier-laborers in the natural state, that is, the personal nature of labor force, determines that labor legal relations must have the characteristics of state intervention and have public law factors in the operation process.