用人单位内设机构劳动用工法律适用问题探讨

Discussion on the Application of Law of Labor and Employment in the Labor and Employment Institution in the Employing Units

随着劳动法律体系不断健全与完善,劳动者维权法律意识不断增强,劳动力市场日益规范化和正规化,用人单位非法、违法用工乱象虽得到了一定程度的遏制,但各级仲裁机构立案受理劳动争议数量仍稳中有升。以司法实践中用人单位内设机构劳动用工法律适用争议为视角,运用法学理论,结合具体法律条文分析劳动协议主体间法律关系,探讨用人单位内设机构劳动用工的法律适用。

Workers have a much stronger sense of safeguarding rights along with the labor law system has been continuously improving and perfecting. Labor market has become regularized and normalized. A certain degree of illegal recruitment has been controlled,but the number of labor disputes which are accepted by arbitration institutions is still rising steadily. From the view of disputes of internal bodies' labor employment law in judicial practice,combining with the specific legal provisions and using legal theory,this paper analyses the inter-subjective of labor agreements of legal relation,and also discusses the application of law of internal bodies' labor employment for employers.