劳动合同法适用范围研究

On applicable scope of labor contract law

劳动合同法的适用范围是劳动合同法的效力范围,实践中"非典型"的双方当事人或一方当事人会使得劳动合同法的适用与否存在争议。中国劳动立法在实务中,应确认非法用工主体与劳动者建立关系是事实劳动法律关系;退休人员及实习学生与用人单位关系的认定应视具体情况划分为劳动关系或劳务关系;而对于出租车司机与出租车公司关系的认定则视不同的挂靠关系而做出不同法律关系的认定。

The applicable scope of labor contract law is the scope of validity of labor contract law.The dispute whether applies labor contract law or not caused by one party or both parties in social practice.China labor legal system should confirm legal relationship of labor fact between the illegal employer and the labor.The labor relations or service relation that based on concrete conditions should be asserted to the retiree,the practice students and the employer.Moreover,the different legal relations should be confirmed by different affiliation with another unit between the taxi companies and the taxi driver.