Research On The Identification Of New Labor Relations Under The Background Of Sharing Economy

The problem of the identification of new labor relations in the context of the sharing economy is accompanied by the development of the sharing economy.The sharing economy provides a large number of job opportunities for the labor market,but the relationship between the sharing platform and the laborers and the labor relations in the traditional sense.It is different.The labor relationship identification standard stipulated by China's current law is based on the "three simultaneous" standard with the attribute standard as the core.This labor relationship identification standard is more demanding.Therefore,in the application of judicial practice,the non-standard labor relationship with ambiguity is It is excluded,including the new labor relations in the context of sharing the economy.Such legal application makes it difficult to comprehensively and accurately identify the relationship between the sharing platform and the workers,resulting in frequent problems in judicial practice.This paper aims to combine the specific characteristics of the new type of labor relations under the background of the sharing economy,based on the relevant status of labor relations identification under the background of sharing economy,and draw on the practices of other countries in the identification of new labor relations under the background of shared economy,sum up experience and learn lessons.The improvement and development of China's labor relations identification standards will make it more suitable for the emergence of a variety of new types of labor,and it can identify new labor relations under the background of shared economy.Specifically,the paper is divided into four parts:The first part mainly introduces the connection between the sharing economy and labor relations.The sharing economy has broken through and developed the traditional labor relations,resulting in a new type of labor relationship in the context of shared economy,through the adoption of new labor relations and traditional labor.The relationship sums up the differences in legal characteristics between the two,and also shows that the new labor relationship in the context of the sharing economy is a change and challenge to the standard of traditional labor relations.The second part mainly introduces the status of the new type of labor relations in the context of the sharing economy.From the three aspects of social status,theoretical status and judicial practice,the external performance,theoretical controversy and judicial practice of the new type of labor relations in the context of sharing economy.The problems encountered in the analysis were analyzed.The third part is about the introduction of the factors that hinder the identification of new labor relations,mainly from the three aspects of the current legal system of labor relations identification in China,the common problems existing in the application of the law by judges,and the recognition that the new labor relations will increase the burden of sharing platforms.set forth.The fourth part mainly introduces the suggestions for perfecting the new type of labor relations under the background of sharing economy.For the problems raised in the third part,it is from the improvement of the legal system of labor relations in China,the recommendation of applying law to judges and the sharing.Three aspects of the platform development proposal are discussed to improve the new labor relationship identification system under the background of sharing economy.