Social Sciences in China (Chinese Edition)

No.2, 2017

 

The Changing Mode of Legal Regulation of Labor Relations in China

(Abstract)

 

Xie Zengyi

 

Chinese labor relations operate under a unitary model of legal regulation in which labor law is applied to workers as whole, with everyone treated equally. This causes a number of problems. In reality, due to constantly changing modes of employment and the flexibility of workers’ “affiliation,” forms of employment are highly diverse. In addition to regular employees, there are also “quasi-employees” whose affiliation is quite weak, and other special employees. This necessitates the updating of the legislative ideas behind labor law. While holding fast to the assumption that workers are a vulnerable group, we should review the differences between different types of employees and draw up the corresponding regulations on the basis of specific situations. Where legislative technique is concerned, we should do away with the traditional one-size-fits-all legislative model in favor of a dedicated model that targets particular types of subject and particular circumstances. The legal regulation of labor relations should be based on category and differential treatment.