The Preferential Protection of Incomplete Labor Relations and Its Future Legislative Approach

Abstract

Incomplete labor relations are not a definite legal relationship, but a spectrum of relationships between labor relations and civil relations. The concept of incomplete labor relations was proposed in official documents by the Ministry of Human Resources and Social Security and other departments, but it still leaves many issues such as the path, principles, content, and measures of preferential protection to be further studied and explored. The article argues that the preferential protection of incomplete labor relations should choose the "Civil Law +" approach, focusing on protecting the rights related to the basic survival of workers and their basic social rights. At the same time, the content of the preferential protection is not one-size-fits-all, and should reflect differentiation according to specific situations. In the long run, the trend of incomplete labor relations is bound to grow, and it is inevitable that the dichotomy of labor relations will be broken. At the same time, the bundling of social security and labor relations also needs to be dismantled, and the social security system should be transformed into a public service that everyone can enjoy.