Labor relationship is the relationship that occurs in the labor process between the labor force owner and the labor force user，It is a connection between the combination of workers and employers due to the labor force of the workers and the production materials of the employer。Among them, there is a contract spirit such as a labor contract，But because of the personal nature of labor、Failure to transfer，Coupled with the weak status of the employer compared to the employer，Therefore, labor relationship has always been considered the object of adjustment of labor law。But，The identity of the worker is dual，It is not only the main body of labor legal relationship，And is a natural person in social life。It can enjoy the rights of workers based on the labor law，Deliven the obligations that you should perform。But the premise that the workers enjoy the rights of workers are the scope of the adjustment of the adjustment of the labor law，The main body of the party of the labor relationship。Regulations on the determination of labor relations are not static，Compared to the era of resume paper，In the current era of information bangs and information dissemination, Bet365 lotto review the era of rapid information，It is more likely to be abused like a job resume、The privacy of job applicants is more likely to be leaked。In the case of the labor law, it is time to respond to the current status of such social status，"Civil Code" as "Social Life Encyclopedia" style legislation，It is considered to be the basic and comprehensive law under the conditions of my country's socialist market economy，The identification system that can effectively optimize the labor relationship。

On the one hand，"Civil Code" optimized the scope of the main body of labor relations。Article 16 of the Labor Law stipulates: "Labor contract is the establishment of labor relationship bet365 best casino games between workers and employers，Agreement to clarify the rights and obligations of both parties。"" So，How to determine the specific scope of workers and employers，It becomes a problem that we must face when we determine the legal relationship of labor。According to the provisions of the Labor Contract Law，State organs、Enterprise、Institutions、Gongqing Woman、Private non -enterprise organizations、Law Firm、Accountants can all become employers。But，neighborhood committee、Village Committee and Rural Collective Economic Organization，Labor often hires workers in production and operation activities。Can such organizations bet365 live casino games become employers，Whether the workers who participate in the theory and system can be adjusted and protected by the labor law of the labor law。"Civil Code" through the provisions of the section of "Special Legal": "Resident Committee、Villagers' Council has a legal person qualification for grassroots mass autonomous organizations，Can engage in civil activities needed to perform functions。"" According to this regulation，If this type of organization is to fulfill the functions, the workers are hired to work for labor，Following the personal property of the labor relationship、Combination of equal affiliation relationships and other characteristics，Effective management and constraints of workers，Then the relationship between them and the workers should also be included in the scope of labor legal relationships。This type of organization should also be considered as an employer in a labor legal relationship。This provision of the "Civil Code" has expanded the scope of employers to a certain extent，Clarified the resident committee、The possibility of the villagers' committee becomes a labor relationship for employers。

On the other hand，"Civil Code" optimizes the type of evidence identified by factual labor relations。The factual labor relationship is a situation that is an actual employment relationship bet365 best casino games between workers and employers but does not sign a written labor contract。Although the "Labor Contract Law" has a compulsory requirements for signing a written labor contract，Regulations: "From the date of establishment of labor relationship，The employer shall sign a written labor contract with the workers。"" "and double salary by replenishing、Sign the provisions of the non -fixed term labor contract to ensure the effective execution of the regulations。But the actual situation is，The situation of not signing a written labor contract still exists in large quantities。According to the "Statistics of the Development Statistics of Human Resources and Social Security Development 2019" released by the Ministry of Human Resources and Social Security，At present, nearly 77.47 million workers have not signed a labor contract with the employer，It accounts for nearly 10%of the total working population in the country。When a labor dispute occurred when the worker and the employer occurred，The first step is to prove that it is a labor relationship with the employer，Without signing a written labor contract，It is necessary to proof to prove that it is extremely difficult to labor relationship with the employer。In 2005, the Ministry of Labor and Social Security's "Notice on Establishing Labor Relations Related Matters" confirmed the bet365 live casino games standard for identifying labor relations in the form of rules，Detailedly enumerated various types of evidence that can prove the existence of factual labor relations。but，With the development of the times, especially in the context of the normalization of the information age and epidemic prevention and control，Prove a new difficulty in the labor relationship by the written contract。

Whether the electronic labor contract is a written contract，The Ministry of Human Resources and Social Security issued the "Letter on Establishing an Electronic Labor Contract Related Issues"，Clear regulations: "The employer consistent with the workers，You can use a written labor contract in an electronic form ... "According to this file，Electronic labor contracts can be identified as written labor contract。but，This letter is not a legal system，Documents published in order to temporarily solve the difficulty of signing a written labor contract during the epidemic situation，No legal status。The nature of this kind of illegal laws and regulations determines that it is difficult to achieve a long -term effect，It is also not in line with the current comprehensive governance of the country in my country，Urgently need to absorb and institutionalize it。As the labor laws and regulations have not been modified，The introduction of the Civil Code provides a relatively solid legal bet365 Play online games basis for the notice，Effectively improved the legal effect of the content of the notification。"Civil Code" Article 469 stipulates: "The parties establish a contract，can be written in writing、Oral form or other forms。Written form is a contract letter、Letter、Tele report、Electric pass、Fax can be tangiblely expressed in the form of content contained。Exchange with electronic data、Email and other methods can be tangible to the content contained，and you can retrieve the checked data text at any time，It is considered a written form。"" According to this regulation，Electronic labor contract becomes a clear recognition of the "Civil Code"。This provision makes the electronic labor contract an evidence that the workers effectively prove that they and the employer exist in labor relationship，Expandd the type of evidence of the "Notice on Establishing Labor Relations"，Following the trend of the construction of harmonious labor relations under the current situation。

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(Author Unit: Department of Law, School of Literature, Xi'an University of Architecture and Technology)