若何界定歇息关系的主体？(国外英语资料).doc

如何界定劳动关系的主体？(国外英语资料) Because private hospitals belong to private non enterprise units, according to the labor contract law, private non enterprise units belong to the subject areas of their defined employers, and adapt to the labor contract law adjustment. Zhang employed as an office clerk in a firm of accountants, 2006 51 Zhang because of overtime wage and administrative dispute, so Zhang to consult the relevant departments can solve the problem by the labor dispute arbitration. The relevant department told Xiao Zhang, if apply for arbitration, will face inadmissible experience. An accounting firm neither belongs to an enterprise nor belongs to an individual economic organization, and does not belong to the subject category of the employing unit as defined in the labor law. Therefore, the labor dispute between Xiao Zhang and the accounting firm will not be adjusted by the labor law. Of course, if Xiao Zhang and the accounting firm of labor disputes occurred in January 1, 2008, labor contract law after the entry into force, there will be no such situation. Because accounting firms do not belong to the enterprises, individual economic organizations, also do not belong to private non enterprise units, but included in the concept of the labor contract law the organization, labor contract law is defined by the main unit category, adapt to the labor contract law adjustment, the arbitration tribunal shall accept and resolve. Two, the definition of the subject qualification of laborers The labor contract law defines workers and insists on some basic ideas of the labor law. As laborers in the subject of labor relations, they must first have specific natural attributes. That is to say, the worker must be in the legal age (after 16 years of age, according to the law to enjoy the basic old-age insurance benefits), with civil rights and civil capacity for natural persons. Secondly, it has specific social attributes. That is to say, the laborers as the subject of labor relation