The Historical Evolution and Realistic Reflection on the Subordination Theory of Labor Relations——Concurrent Discussion on"Incomplete Labor Relations"
Subordination is a key to the interpretation of labor relations and has gained the widest recognition among various theories of labor relations determination.Upon the research from a historical perspective,the subordination originated from the trend of individualism in the Age of Enlightenment gave birth to labor law,enabling it to become independent from guild rules and enter the field of state intervention,and meanwhile endowing labor law with the nature of"human law",thus the labor law has developed beyond the dimension of performance and exchange in civil law and formed a totally new legal field focusing on the characteristics of subjects and organizations;Observed from the practical perspective,after fully accepting the subordination theory of labor relations,the labor law academia of China is consciously constructing an independent knowledge system of labor law.At the level of legal norms,although currently the types,weights,and elements and relevant content of the subordination are not clarified in China,an approach for determining a labor relation,i.e."subordination+elements",has been established at the level of legal practice,and began to feed back the construction of the doctrinal system of labor law."Incomplete labor relation"is a policy-based judicial creation in China to respond to platform-provided jobs,and the subordination of labor relations provides sufficient and necessary theoretical support.Based on logical reasoning,incomplete labor relations,labor relations,and civil service relations follow consistent evaluation criteria for subordination,thus being able to constitute an independent type of legal relationship.
Subordination of Labor RelationsLabor LawIncomplete Labor RelationsNew Forms of Having Jobs
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