劳动关系理论.pdfVIP

Comment and Critical Analysis of Labor Relation Theories ———— Reflection of Labor Relations and Labor Legal Relations ———— WANG Xiongwen City College of Dongguan University of Technology, Dongguan, China, 523106 herow309@163.com Abstract: At present, many disputes on labor relations are centered around the labor contract enactment. The fundamental reason is the confusion and ambiguity of the understanding of the relation between labor relations and labor law. Labor relation is rooted in certain material conditions of production, and in essence, it is the relation of material interests. The primary establishment and maintenance is built on both parties’ rational base of equality, voluntariness and consensus. However, to a large extent, the labor-law relations reflect the will of the state, and are a powerful corrective and balance of the original labor relations. Keywords: Labor relations, labor-law relations, labor relation theories At present, there are a lot of disputes around the labor contract, such as “Two Principal Parties of the Labor Relationship” and “ Three Principal “ “Single and Double Protection”, “the state-based protection and community-based protection”, “Theory of the Conflict of Labor-Capital and Coordination of Labor-capital”, and so on. The fundamental reason is the confusion and unclear understanding of the labor relations and the law on labor relations. On the basis of analysis of the labor relation theories, this paper will make reflection on the old and new issues and try to find the answer. I. Analysis of the labor relation theories At present, the primary con