What are the factors that determine whether it is other social relations regulated by the labor la

1.The parties to the relationship themselves have existing or pre-existing employment relations;

2.This social relationship is derived from labor relations;

3.At present, this kind of social relationship has been separated from the simple labor relationship, or even completely separated from the labor relationship.

The above is my personal understanding, and I hope it can be helpful to the people involved!

The question should be expressed as "other social relations closely related to labour relations".

There are three elements to the judging criteria:

1. It is a social relationship that arises during or after the operation of labor relations.

2. The purpose is to promote the establishment and operation of labor relations.

3. At least one of the parties to the social relationship is a worker or an employer.

There are four types:

Labor group relations--- trade unions, women's federations.

Labor administrative relations --- labor administrative department.

Labor service relations--- intermediaries, labor training institutions.

Labor dispute settlement relationship --- arbitration institution.

I have a somewhat different opinion, but I personally understand that when the word "other" is used in the legal provisions of our country, it is not intended for us to understand or apply it in a variety of ways.

In fact, its original meaning is "other social relations stipulated by laws and administrative regulations". That is, the back door left by the legislature, which can be applied in the future when new situations or new regulations appear.

【Answer】d

Answer analysis] Labor law relationship refers to the rights and obligations relationship between workers (employees) and employers (employers) formed by labor law norms in the process of adjusting labor relations, that is, the rights and obligations relationship between employees and employers in the process of realizing realistic labor.

Answer]: The labor law not only takes labor relations as the main object of adjustment, but also regulates other social relations that are closely related to labor relations. Other social relations regulated by the Labor Law, i.e., social relations that occur during and before and after the operation of the labor relationship.

These social relations are closely related to labor relations, and their main characteristics, contents and properties are as follows:

1) Characteristics: One of its parties is generally a worker or an employer, and the other party is a person related to labor relations, or both parties are related to labor relations or employers. The so-called persons related to labor relations refer to entities related to the operation of labor relations other than the parties to labor relations, such as labor administrative departments, trade unions, employer groups, vocational training institutions, employment agencies, labor dispute settlement institutions, social insurance agencies, etc.

Its purpose is to realize labor relations, that is, it is a social relationship that occurs for the realization of labor relations. Among them, some are the necessary prerequisites for the establishment of labor relations, some accompany labor relations for the normal operation of labor relations, and some are direct consequences of the development and change of labor relations.

2) Content: social relations of labor resource development and allocation; the social relationship between macroeconomic regulation and control of total wages and the implementation of wage guarantees; social relations of occupational safety and health management and services; social relations of social insurance and its administration; social relations of collective bargaining and negotiation; or the social relationship of mediation and arbitration of labor disputes; Supervise the employer's compliance with labor laws and social relations.

3) Nature: including the following main types: Labor administrative relationship, that is, the social relationship between the administrative organ and the relevant agency authorized to have administrative functions and the employer and its group, the worker and its group and the labor service subject, due to the performance of labor administrative functions; Labor service relationship, that is, the social relationship between the labor service subject, the employer and the worker due to the provision of social services for the operation of the labor relationship; Labor group relationship, that is, the social relationship between a labor group (trade union) and an employer group, between a labor group (trade union) and its members or employers, and between an employer and its members or workers, due to the coordination of labor relations and the protection of the interests of the parties to the labor relations; Labor dispute settlement relationship, that is, the social relationship between the labor dispute settlement institution and the parties to the labor dispute (or other persons) due to mediation and arbitration of labor disputes.

The factors that distinguish social relations that are closely related to labor relations and regulated by labor law are (ABC).

a.These relationships are the prerequisites for the emergence of labor relations.

b.These relationships are a direct consequence of labor relations.

c.These relationships are incidental to labor relations.

d.These relationships are not incidental to the employment relationship.

e.These relationships are logically linked to labor relations.

Labor relationship refers to the legal relationship between the employee and the employer when the employee and the employer sign a labor contract in accordance with the law. The worker accepts the management of the employer, engages in the work arranged by the employer, becomes a member of the employer, and receives labor remuneration and labor protection from the employer.

"Employer" refers to enterprises, individual economic organizations, private non-enterprise units and other organizations within the territory of the People's Republic of China. At the same time, it also includes the establishment of labor relations between state organs, public institutions, and social organizations and workers.

The factors that distinguish social relations that are closely related to labor relations and regulated by labor law are ( ) as follows:

1. The concept and characteristics of labor law.

a) The concept of labor law.

Labor Law: It is a general term for the legal norms that regulate labor relations and other social relations that are closely related to labor relations.

2) Characteristics of labor law.

1.Private law is compatible with public law.

2.Voluntary agreements are combined with mandatory standards.

3.Substantive law is harmonized with procedural law.

2. Objects of adjustment of the Labor Law.

The objects of adjustment of the labor law include two types of social relations, one is labor relations, and the other is other social relations that are closely related to labor relations.

1) Labor relations.

1.Labor relationship: It is the social relationship between the worker and the employer in the process of realizing socialized labor.

2.Characteristics of labor relations: (1) the subject qualifications are statutory; (2) Produced in the process of socialized production; (3) It has the dual attributes of property and person; (4) Equality and subordination are intertwined.

2) Other social relations closely related to labor relations.

There are three situations in which social relations are closely related to labor relations: first, such social relations are the prerequisites for the emergence of labor relations; second, this kind of social relationship is the inevitable result of the reputation of labor relations; Third, this kind of social relationship is implicated in the creation, change, and elimination of labor relations.

3. Scope of application of the Labor Law.

The scope of application of the labor law usually refers to the scope of the bridge discussion in which the labor law comes into play. The scope of application of China's labor law includes two aspects:

1) The scope of application on the subject.

The scope of application of China's Labor Law is determined by the standard of statutory employing entities, and there are six main categories of specific scope of application: (1) enterprises; (2) individual economic organizations; (3) Private non-enterprise units; (4) Public institutions; (5) State organs and social organizations; (6) Accounting firms and other cooperative organizations and associations.

2) Geographical scope of application.

The Labor Law of the People's Republic of China shall apply to all labor relations that arise within the territory of the People's Republic of China and the employing entities recognized by the Labor Law. It includes foreign-invested enterprises established by foreign enterprises in China and workers sent to foreign countries by Chinese enterprises.

Labor Contract Law of the People's Republic of China

Article 7. The employer shall establish an employment relationship with the employee from the date of employment. The employer shall establish a roster of employees for future reference.

Law of the People's Republic of China on Labor Model Transportation

Article 10. To establish a labor relationship, a written labor contract shall be concluded.

If a labor relationship has been established and a written labor contract has not been concluded at the same time, a written labor contract shall be concluded within one month from the date of employment.

If the employer and the employee enter into a labor contract before employment, the labor relationship shall be established from the date of employment.

Answer]: a, b, c, e

The labor relationship regulated by the Labor Law refers to the social and economic relationship established between the worker and the employer (including various enterprises, individual industrial and commercial households, Paichang public institutions, etc.) in the process of realizing and rotating labor. Item D is an employment relationship regulated by the Labor Law.

Answer]: a, c, d, e

The labor relationship regulated by the Labor Law refers to the socio-economic relationship established between the worker and the employer (including various enterprises, individual industrial and commercial households, public institutions, etc.) in the process of realizing labor. Item B: The relationship between the credit office and the foolish is not included in the adjustment.