Legal Regulation Of Non-standard Labor Relations Under The Background Of Internet+

With the development of economic globalization and the promotion of Internet economy,a new type of flexible employment has been emerging.The new type of labor relations has brought a lot of problems at the same time to improve the employment rate and stimulate economic development.The current labor contradiction,determination of labor relations problem is mainly caused by three reasons: first,the theory of flexible employment is not recognized,the exclusion of non standardized labor relationship;lag second law began to appear,the labor legislation lagging and update the labor market between million as uncoordinated third;the lack of response to the new problems of judicial practice.So,the author of "sharing economy as the background Internet plus" under the background of hot "network about cars" case analysis,on how to improve the identification standard of labor relations is put forward some suggestions and ideas.The main contents of this paper are as follows:The first chapter analyzes the impact of the Internet background on traditional labor relations from the concept of traditional labor relations: the traditional labor relations under the influence of "Internet +" is not standardized,and the non-standard labor relations dominated by tertiary industry Was blowout development.The second chapter is based on the network of vehicles as an example,the "Internet +" background of non-standard labor relations characteristics of the analysis.From the perspective of the subject of labor relations,the traditional employer turned into a network platform operator,the workers become "network about",the traditional labor relations in the benchmark conditions become flexible.This change makes the relationship between the main body has changed,the traditional tight subordinate relationship in the non-standard labor relations become loose.The third chapter takes the typical non-standard labor relations dispute in the judicial practice as an example,that is,the labor dispute between the network platform operator and the driver as an example,analyzes the frequent problems of the non-standard labor relations under the background of "Internet +" Find the cause of labor disputes frequently and the theoretical controversy.the classification regulation of non standardized labor relationship,labor law appropriate weakening tilt protection for workers,strengthen the non-standard labor relations in the autonomy of both sides.The fourth chapter summarizes the misunderstanding of the non-standard labor relations in the current theory and the judicial practice,and puts forward the suggestions on the adjustment of the non-standard labor relations with the relevant German theory.First of all,clear the labor relations from the recognition criteria;Secondly,the establishment of labor relations classification adjustment mechanism;Finally,weaken the non-standard labor relations legal regulation.The fifth chapter from three aspects of non-standard labor relations law regulations on the way to put forward some concrete ideas,on the one hand,to modify the existing labor legislation,established for non-standard labor relations that can meet the needs of its development characteristics of legal regulation;Internet +,on the other hand,under the background of the new way of labor mainly relies on the network platform,refinement of legislation,the supervision and management of network platform to the benign development of the Internet platform labor relations is of great significance.Finally,through the civil code,compiled by the opportunity will hire labor relations into the legal adjustment range,the rich,the regulation of legal relation of employment has an important role.