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事实劳动关系历来是劳资双方共同关注的热点话题。特别是《劳动合同法》颁布实施后,基于事实劳动关系所引发的劳动争议案件数量明显上升。其实,无论在法律上或是在实践中,事实劳动关系都是一个较为复杂的问题。除《劳动合同法》第82条强调的企业自用工之日起超过1个月未与员工订立劳动合同外,其他许多情形同样会引发事实劳动关系。并且,由于引发事实劳动关系的原因各不相同,法律对于各种情况产生的事实劳动关系规定了责任承担主体和承担方式。本期话题将就事实劳动关系从认定标志、具体情形和法律责任,以及企业风险防范等方面进行探讨,以期为各类用人单位完善相关制度提供有益参考。
Factual labor relations have always been a hot topic of mutual concern between employers and employees. Especially after promulgation and implementation of the Labor Contract Law, the number of labor disputes triggered by factual labor relations has obviously risen. In fact, both in law and in practice, factual labor relations are a complicated issue. In addition to the “Labor Contract Law,” emphasized in Article 82 of the company since the date of employment more than one month without labor contract with employees, many other situations also lead to de facto labor relations. And, due to the fact that the causes of factual labor relations are different, the law stipulates the main body of responsibility and the way of bearing responsibility for the factual labor relations in various situations. This issue will discuss the factual labor relations from the marks of identification, specific situations and legal liabilities, as well as the prevention and control of enterprise risks so as to provide useful references for various types of employers to perfect relevant systems.