The labor law defines individual industrial and commercial households as individual economic organizations,which are included in the labor law adjustments together with other economic organizations.As a standard individual economy,individual industrial and commercial households are inherently unorganized.If they possess the three major elements of organization in their business development process,they have essentially transformed into a private economy of the nature of a sole proprietorship or partnership.Therefore,in judicial practice,the determination of the qualifications of individual industrial and commercial households should be based on the principle of individual labor contract relationships and the exception of labor contract relationships.Only after ascertaining the fact that individual industrial and commercial households have cooperative management and partnership operations can their qualifications as an employer be confirmed as an unincorporated organization.
individual industrial and commercial householdsrights and capabilities of natural personorganizational legal principleunincorporated organization