Study On The Identification Of Labour Relations Of "Network Workers"

Along with the development of the “Internet +” economy,the new employment form about “Employment relationship of network”,bringing a new situation between the traditional labour service provider and the labour demand side,meets the demand of Internet platform.This new form which have automatic and flexible as well as subordinative caused a new argument regarding the identified standard of the labour relationship in China.We could realize that currently,the traditional labour relations adopted by China are rigid and abstract to create a compatible atmosphere for this new situation like “Employment relationship of network”,by analyzing the basic concepts in academic circles and specific practices in judicial circles in China.Hence,under the guidance of this abstract theory of subordination,the situation where there are distinct judgments by different courts to similar cases concerning judging the relationship between the “network workers” and the Internet platform in China,has been easily influenced by the other factors.This situation would lead the confusion in judicial trials.Therefore,this paper takes the relationship between “network workers” and Internet platform as the research object.Through the analysis of the basic theory of labour law,this paper studies the rationality of bringing "network workers" into the field of labour law.The study finds that "network workers" have strong economic and personal subordination to Internet platforms,and their autonomy and flexibility do not deconstruct traditional labour relations,so they should be included in the labour law.Based on the comparative study of the legal experience of UK and the United States on the relationship between "network workers" and Internet platforms,this paper takes the methods to improve the identification standards of labour relations in China,so as to provide proper protection for the legitimate rights of "network workers".The paper has been divided into the following parts:The first part: the "network workers" studied in this paper are the "network workers" who have signed cooperation agreements with Internet platform.Compared with traditional labourers,"network workers" are subordinate to the Internet platform to some extent and have strong autonomy and flexibility in the choice of working time,place and content.China'scurrent labour relations identification standards which with subordinate attributes as the center is abstract and fuzzy.Based on different understandings,the academic circles and practical circles cannot make a unified and reasonable judgment on the labour relationship between the "network workers" and the Internet platforms.The second part: theoretically discusses whether "network workers" should be included in the field of labour law.This paper finds that,although compared with traditional labourers,"network workers" have stronger autonomy and flexibility in the choice of working time,place and content,they still have the characteristics of subordination.Such autonomy and flexibility do not change its subordination to the Internet platform.At the same time,due to the unequal status between the "network workers" and the Internet platform,it cannot be included in the field of civil relations which the problems can be solved through the free consultation of both parties.Therefore,we should bring "network workers" into the field of labour law,protect them through labour laws.The third part: to study the experience of identifying the relationship between "network workers" and Internet platforms in the UK and the United Stated.By studying the Uber cases in the USA and UK,we noticed that the system of Borello was developed by the theory of‘right to control' in the USA and its purpose is to decide the labour relationship.Comparing to the USA,the UK is using another way that divides the labourers into different categories.Among this theory,it has divided the labourers into different levels,which creates middle-level bodies(workers)between self-employed and employees.The born of the“middle-level bodies(workers)” has been made the “network workers” to obtain protected by the law,so that avoiding the social risks.The fourth part: studying the experience of the UK and the United States,this paper takes the methods to solve the difficulties in the determination of the labour relations of "network workers" : learning the theory of stratification which carrying out hierarchical protection for labourers from the UK and bringing "network workers" into the middle level of labourers.At the same time,we can learn from the Borello test system in the United States to specify the identification standards of labour relations.Therefore,we can divide the labourers into employees,middle-level labourers and self-employed to effectively adjust and solve new problems in labour relations.