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服务业从业人员的特质决定了劳动合同签订率不高、劳动关系认定的困难,寻求适合服务业劳动关系认定的标准与方法既能提高劳动合同法的适用范围与效果,也有助于城乡统筹发展和社会和谐稳定目标的实现。为此,必须从提高劳动者的主体意识和增强企业的社会责任承担等方面努力去提高书面劳动合同的签订与适用,确定劳动关系本质属性是从属性和经济依赖性,并依此明确劳动关系认定标准的实质要件和外观标志及其劳资双方举证责任的分配,根据劳动关系认定过程中争议的性质明确认定主体,为服务业劳动关系的认定架构起一条切实可行的证据体系,为实现和谐健康的劳资关系奠定基础。
The qualifications of service workers determine the labor contract signing rate is not high, the labor relationship identified difficulties, to find suitable service industry labor relations standards and methods can not only improve the scope and effectiveness of the employment contract law, but also contribute to the overall development of urban and rural areas And the realization of the goal of social harmony and stability. To this end, we must make efforts to improve the signing and application of written labor contracts by raising the awareness of the main body of workers and strengthening the corporate social responsibility commitment, determine the essential attributes of labor relations as subordinate and economic dependent, and clarify the labor relations According to the nature of the dispute in the process of labor relation determination, the main body of the substantive requirements and appearance marks and the distribution of the burden of proof for both the employer and the employee are defined as a feasible evidence system for the recognition of labor relations in the service industry. In order to achieve harmonious health Labor relations laid the foundation.