On The Identification Of Labor Relationship And Protection Of Rights And Interests Of Network Contract Workers

The development of “Internet +” and platform economy has promoted the more flexible and diversified forms of labor.The new forms of employment have emerged,which has had a certain impact on traditional labor relations.The core of traditional labor relationship identification is the principle of attribute,namely personality from attribute,attribute from attribute and organization from attribute.Compared with traditional labor relations,network workers are more free in terms of labor compensation and working methods,and gradually weaken their attributes.Therefore,labor relations are more difficult to define.In judicial practice,disputes over labor disputes and labor relations are increasing.China's current law has a relatively simple standard for the identification of labor relations.The Labor Law and the Labor Contract Law also do not clearly define the labor relations identification standards.If a labor contract has been signed,the labor contract is usually used to determine that the laborer and the employer constitute a labor relationship.In the form of employment with the unsigned labor contract,the Ministry of Labor and Social Security usually adopts the Notice on Establishing Labor Relations Related Matters.The three criteria are used to determine whether it constitutes a factual labor relationship.However,the standard lacks hierarchy and the scope of recognition is too narrow.In the current network of employment and employment forms,it has become difficult to cover all labor relations,and the operability is weak.Application difficulties.The protection of the rights and interests of laborers in China is tied to the identification of labor relations,the identification of labor relations is in trouble,and the rights and interests of workers in the network are also lost.Comparing the legislative experience and practical experience of the developed countries on labor relations identification and rights protection under different legal systems,and drawing on the stratified system design and diversified identification indicators of labor relationship identification,China should adopt long-term legislative design and short-term legislation.Starting from the two directions of reality,explore the standard of labor relations that is suitable for China and the way to protect the rights and interests of laborers.In the long run,the labor relationship identification system that constructs the ternary framework is divided into nonstandard labor relations,independent labor,and quasi-subordinate labor.The realistic needs of the network contract should focus on the present,focus on judicial practice,appropriately identify the labor relationship,cut off the inevitable connection between the protection of laborers' rights and the identification of labor relations,and strengthen the working mechanism and organizational form of trade unions and trade associations.The protection of the rights and interests of the network workers is implemented.This paper takes the identification of labor relations and the protection of rights and interests of the network,and through literature research methods,comparative research methods,case studies and other research methods,the theme is divided intofour part.The content of the first chapter is based on concept definition.Starting from the traditional standard labor relations,the paper introduces the concept definition and characteristic analysis of standard labor relations.Secondly,it sorts out the basic connotation of the concept of the labor relationship of the network and the analysis of its characteristics.Finally,on the basis of theory,the different functions undertaken by the platform in the network labor relationship are analyzed,which paves the way for the impact of the platform economy on the identification of labor relations.The second chapter mainly analyzes the dilemma of the network labor relationship identification and rights protection based on the above theory and judicial practice.The specific provisions of the current law on the recognition of standards and protection of rights and interests are the entry points,summarizing the problems in the identification of labor relations and the protection of rights and interests,including the existing labor relations can not cover the labor relationship of the network,the referee in the "same judgment" Frequent circumstances,the protection of labor rights and interests due to the inability to identify labor relations,etc.,further analyze the reasons for the dilemma from the current legal provisions and the existing principle of property identification: the lack of hierarchical regulations on labor relations,the scope of labor relations The narrowness leads to different referee ideas,and the laborer's rights protection system is tied to the labor relationship.The third chapter analyzes the system design and judicial experience of labor relations identification and rights protection in developed countries under different legal systems to learn from the experience of China.Analyze the protection of labor relations and the rights and interests of laborers in Germany,Japan,the United Kingdom,and the United States.Among them,the third type of laborer system,the scope of judicial practice to broaden the scope of labor subjects,and the universal protection of the majority of workers Certain referencesignificance.The fourth chapter takes the predicament of the second part of this paper and the extraterritorial experience of the third part as the premise,and discusses the labor relations identification standards and the protection methods of laborers' rights and interests suitable for China.This part is mainly divided into two levels: The first is to construct a legislative design of the ternary framework in the long run,and provide a legal basis for the identification of labor relations for the labor of the network and the identification of future new labor relations.The second is based on the urgent reality that the protection of rights and interests of the current network is in a vacuum.From the unified referee,reform of the insurance system,innovation of trade unions,strengthening of trade associations and the legal awareness of the network workers,the labor security is provided for the network workers..