略论事实劳动关系

Brief Discussion on the Fact Labor Relationship

在我们现实生活中,存在着大量的劳动者实际上向用人单位提供了有偿劳动却欠缺书面合同的情形,对此种不规范劳动关系,原劳动部使用了“事实劳动关系”这个概念作为调整的依据,这一概念得到了学界和司法界的广泛认可。

In our realistic life, there is the condition that a great deal of workers have provided the employment unit with the compensable services but short of the written labor contracts, as for this kind of non-normal labor relationship, the original Ministry of Labor of P.R.C. uses the concept of ″fact labor relationship″ as the foundation as the adjustment, this concept has already been widely recognized by the educational circles and judicial circle.