Study On The Labor Relationship Between Full-time Network Contract Workers And Network Contract Platforms

In recent years,the term “sharing economy” has quietly entered people's lives.While changing people's traditional lifestyles,it has also spawned a new form of employment,namely“network-related work”.According to the annual report on China's Shared Economic Development published in 2018,the trade volume of the country in the sharing economy in 2017 was about 492.05 billion yuan,an increase of 47.2% over the previous year.The number of employed people in the shared economy in 2017 About 70 million people,an increase of 10 million over the previous year.However,this emerging employment pattern has not been smooth in the process of sharing economic growth.It faces many problems and challenges.The article introduces the phenomenon of "different judgments in the same case" from the case,analyzes the legal dilemma of the identification of labor relations between the full-time network contract and the network platform in China,and based on the "control theory" standard of the Anglo-American law system,it has made a full-time network contract.There is a labor relationship between the workers and the network platform.At the same time,the design of the supporting system for the innovative full-time network contract payment mechanism and the network platform responsibility model is proposed.The article is divided into five parts:The first part introduces three typical cases of "different judgments in the same case" in judicial practice.In the same judicial case,the subjects of the same legal relationship are respectively identified as non-labor relations and employment relations because of the different interests of the protection interests.Or judicial decisions of labor relations.In the second part,through the research on the subject of network labor relations,it is proposed to distinguish the full-time network contract and the part-time network contract from the income source,time attribute,business skill and the one-to-one labor relationship,and avoid the pan-liquidity identification.Chemical.In the third part,the paper analyzes the legal dilemma of the identification of the labor relationship between the full-time network contract and the network platform in China,including the credibility of the recognition model,the imperfect basis of identification and the value game between different stakeholders.The fourth part analyzes the practice of identifying the labor relations in extraterritorial networks,and analyzes the path suitable for China's national conditions in light of China's legislation and judicial status.It mainly absorbs the "control theory" standard of the Anglo-American legal system.In the fifth part,from the experience of extraterritorial experience and the legal innovation in the domain,the countermeasures and suggestions for identifying the labor relationship between the full-time network contract and the network platform are put forward.In the extraterritorial experience,the standard of "control theory" in the Anglo-American legal system is introduced.In order to improve the existing labor legislation with the "subordinate" standard of the civil law system;in the legal innovation in the domain,the "two points" of the labor relationship between the full-time network contract and the network platform in China is proposed.The law is constructed,and the design of the supporting system is designed to balance the value game between different stakeholders.