What is the basis on which the labor law relationship arises

The labor law relationship refers to the relationship of rights and obligations formed between the worker and the employer in the process of realizing social labor in accordance with labor laws and regulations. It is the legal embodiment of labor relations and the result of the adjustment of labor relations to labor legal norms.

The subject of labor law relations is the participants in labor law relations who enjoy rights and obligations in accordance with labor law.

One of the subjects of the labor law relationship is a natural person, including a citizen of the country and a foreigner (foreign citizen + stateless person). The other party is the employer, specifically, it is an enterprise, public institution, state organ, social organization, individual economic organization, etc., which is a legal person in China.

Elements: 1. Subject elements: the subject of the labor legal relationship, one party is the laborer, and the laborer must be a natural person, including Chinese citizens, foreigners and stateless persons with the ability to work; One side is the employer, including enterprises, institutions, institutions, organizations, private non-enterprise units and other units and self-employed organizations.

3. Object: the object to which the rights and obligations of both parties to the labor law relationship are jointly directed, that is, the purpose and result to be achieved by the labor law relationship, such as labor, wages, insurance benefits, working hours, rest and vacation, labor health and safety, etc.

The basis of the labor law relationship is the labor relationship, and the labor law relationship is the legal reflection of the labor relationship.

Labor legal relations refer to the legal labor rights and labor obligations formed in the process of adjusting labor relations by labor laws and regulations. The labor law relationship is the legal expression of the labor relationship, and it is the relationship between the parties that conforms to the labor law norms and has the content of rights and obligations.

The elements constituting a labor law relationship are: the subject of the labor law relationship is the participants in the labor law relationship who enjoy rights and assume obligations in accordance with the labor law, including natural persons and legal persons; Citizens and legal persons have the capacity for labor rights and labor behavior.

The content of the labor law relationship, that is, the rights and obligations of both parties to the labor law in accordance with the provisions of the labor law. What can cause the creation, alteration and termination of labor law relations must be legal facts stipulated in the labor law, including business events and behaviors.

Labor relations are the basis for the emergence of labor legal relations, and labor legal relations are the legal reflection of labor relations.

Labor relations are the basis for the emergence of labor legal relations.

Legal basis: Article 17 of the Company Law of the People's Republic of China The company must protect the legitimate rights and interests of employees, sign labor contracts with employees in accordance with the law, participate in social insurance, strengthen labor protection, and achieve safe production. The company should adopt a variety of forms to strengthen the vocational education and on-the-job training of the company's employees to improve the quality of employees.

Article 16 of the Labor Law of the People's Republic of China A labor contract is an agreement between an employee and an employer to establish an employment relationship and clarify the rights and obligations of both parties. A labor contract shall be concluded for the establishment of labor relations.

The relationship between labor and emptiness is the basis for the formation of labor legal relations, and it is the legal expression of the relationship between labor and fatigue. （）

a.That's right. b.Mistake.

Correct Answer: a

We all know that labor relations are very important for a person involved in the work, I said that it rains in any enterprise unit, and you can sign a labor contract to establish labor relations, and labor relations have a certain relationship with their own benefits and salaries, so they should attach great importance to labor relations, so what is the legal basis for establishing labor relations? Let's take a closer look. The basis for the recognition of labor relations is the labor relationship, that is, the two parties are linked by the rights and obligations stipulated and confirmed by certain labor laws and norms, and the realization of their rights and obligations is guaranteed by the coercive power of the state.

One of the parties to the labor law relationship (the employee) must join an employer, become a member of the employer, participate in the production and labor of the unit, and abide by the internal labor rules of the employer; On the other hand, the employer must pay the workers according to the quantity or quality of their work, provide working conditions, and continuously improve the material and cultural life of the workers. According to the Notice of the Ministry of Labor and Social Security on Matters Concerning the Establishment of Labor Relations (No. 12 of 2005 issued by the Ministry of Labor and Social Security), an employment relationship shall be established if an employer recruits a worker without entering into a written labor contract, but at the same time meets the following circumstances:

1) The employer and the worker 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 workers, and the workers are subject to the labor management of the employer and engage in paid labor negotiations arranged by the employer;

3) The labor provided by the employee is an integral part of the employer's business. If the employer has not signed a labor contract with the employee, the following documents may be referred to when determining the existence of an employment relationship between the two parties:

1) Wage payment vouchers or records (employee payroll roster) and records of payment of various social insurance premiums;

2) "Work Permit", "Service Certificate" and other documents that can prove the identity of the employee issued by the employer;

3) Recruitment records such as the "registration form" and "registration form" filled in by the employee;

4) Attendance records;

5) Testimony of other workers, etc. Where, 1),

4) The employer shall bear the burden of proof for the relevant evidence. If the employee is unable to provide evidence related to the arbitration claim that is in the possession and management of the employer, the arbitral tribunal may require the employer to provide such evidence within a specified time limit. If the employer fails to provide such information within the specified time limit, it shall bear the adverse consequences.

This can be linked to the section above. Article 75 of the Evidence Provisions stipulates that: "If there is evidence proving that a party has evidence and refuses to provide it without justifiable reasons, if the other party asserts that the content of the evidence is not conducive to the holding of the evidence, it may be presumed that the claim is established."

The general labor relationship is a contract signed between the unit and the worker when he or she is newly hired, and after signing the labor contract, you can determine your labor relationship, which usually has a great relationship with the protection of rights in the future, so we must determine our labor relationship.

Summary. Hello, glad to answer for you! Labor relations are labor law relations. The parties are linked by the rights and obligations stipulated and confirmed by certain labor laws and regulations, and the realization of their rights and obligations is guaranteed by the coercive power of the state.

Hello, glad to answer for you! Labor relations are early belief in labor law relations. The parties are linked by the rights and obligations stipulated and confirmed by certain labor laws and regulations, and the realization of their rights and rental and sale obligations is guaranteed by the coercive power of the state.

Hello! Expand for you as follows: "Labor Law of the People's Republic of China":

This Law is enacted in accordance with the Constitution in order to protect the legitimate rights and interests of laborers, to adjust the relationship between laborers and clans, to establish and maintain a labor system suited to the socialist market economy, and to promote economic development and social progress.