Research On The Determination Of Labor Relationship In The Sharing Economy Era In China

Sharing economy produced from high-growth internet information technology.Along with sharing economy penetrating into various fields,China's employment relationship has significantly changed.The characteristics of labor relations in the era of sharing economy have changed quietly.The rising employment form of "platform + individual" is different from traditional labor.Whether providing labor service on the basis of the Internet platform should be regarded as labor relationship is divergent in in judicial practice due to the ambiguity and rigidity of the determination standard of traditional labor relations in China.This new-type employment relationship seems accord with the requirements of traditional labor relationship determination.But there are also quite differences between them.The new-type employment form has been unable to use the existing traditional labor relationship determination standard for judgment.The inherent system regulation has been unable to clearly protect the legitimate rights and interests of workers in this new-type employment form.From the point of view of promoting flexible employment and guaranteeing workers,incorporating the derived new forms of employment into labor relations or service relations can neither properly response to the characteristics of sharing economy nor provide the labor provider with the most appropriate protection.Therefore,the best bet is to establish a gray area between labor relations and service relations,set up the intermediate subject similar to economic dependency service providers,incorporate it into the framework of labor law protection,and provide social security,occupational safety,economic income protection and other special protection.