Research On The Identification Of Online Labor Relations In China

The emergence of Internet + and the sharing economy makes the types of labor and employment tend to be flexible,and various emerging labor and employment methods emerge in an endless stream,which has a great impact on the identification of traditional labor relations.Subordination is the standard to determine the labor relationship,which is respectively reflected in the personality attribute,property attribute and organization attribute of the worker in the enterprise.However,the difference of the network contract labor relationship is that it has the initiative in such aspects as the arrangement of working time and so on.At the same time,it also means that the evaluation of the network contract labor relationship is more complex due to the weakening of the attribute standard.In practice,similar labor correction is on the increase,but at present,the standards for the identification of labor relations in China are relatively single,labor contract law and other laws for the identification of labor relations in the network contract workers do not have exact provisions.Practice,there are generally two kinds of practice,it is to have sign labor contract,take to the labor contract to determining the form of labor relations,the second is for net about workers did not sign labor contract,usually can use the following three criteria to determine whether the fact labor relationship,the first is the main body qualifications between laborers and the employer must conform to the requirements of the law;The second is that workers will be subject to therestrictions of the employers rules and regulations;Third is laborer provided by the labor is part of the employer,but in accordance with the provisions of this demand to determine the fact labor relationship will be difficult to the bottom of the hierarchy,with a variety of labor relations in the modern society to cooperate,insufficient range is too narrow,etc,the current network about labor employment form appear is not included among them,and in the process of practical problems such as weak operability.Given net work in our country that labor relations in the process of a series of problems as well as the traditional labor relationship identifying about worker labor relations have been unable to meet the net,net work about labor relations in our country should draw lessons from the civil law countries and Anglo-American law system of international experience,to learn the useful experience in China,such as hierarchical level that net work about labor relations.The first chapter of the article is about what is the network contract workers and network contract workers have what kind of characteristics.Then,the author compares the difference between the labor relation of network contract and the traditional labor relation,and then analyzes the connotation of the labor relation of network contract.The second chapter mainly analyzes the dilemma of the determination of the labor relation of contract workers.First net about worker labor relationship cannot be completely applicable to the traditional pattern recognition of labor relations,shows that is in a traditional labor relation in identifying model of network about worker labor relations ofabuses,including network about work is no longer the traditional protection scope of labor relations labor relations,and in the judicial practice often have different referees status to the same situation,so as to learn from the Angle of the deeper network about working hard to adapt to the current labor relations labor is the cause of the identified patterns,such as at the time of that labor relations,usually adopt dual type of pattern,is or is not labor relations,There is no deeper sense of hierarchy,and in judicial decisions there are often too simple norms of labor relations and different judges have different views on the same case.The third chapter mainly through to the continental law system and Anglo-American law system countries for net work about this particular beneficial experience of labor relations,such as Germany and the United States for net work about the cognizance of labor relations,more beneficial experience type such as set up in the middle of the laborers,in the network about worker labor relations of time shall be appropriate to expand the scope of the subject qualification of labor and the direction to help vulnerable groups to labor relations.In the fourth chapter,some practical Suggestions are put forward on the premise that we have understood the concept,characteristics and foreign useful experience of net workers.This part is mainly based on network about worker labor relations decided to put forward the proposal for the problems,such as clear definition about worker decided that the definition of labor relations,net about workers in labor relations subject qualification of the subject is eligibility,and clearly in identifying facts of first principles and labor relationslabor relations in the layered,based on these measures of concrete in this paper,the hope can help for now our country network about work that difficult problem,also hope that through the solution of these problems,is a good safety net work about the lawful rights and interests of workers.