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Research On The Identification Of Labor Relations Of Online Contract Workers In China

Posted on:2021-05-08Degree:MasterType:Thesis
Country:ChinaCandidate:Q X LiFull Text:PDF
GTID:2416330626966279Subject:Law
Abstract/Summary:PDF Full Text Request
Under the background of "Internet plus",with the deep integration of the sharing economy and the Internet,platform operators have emerged,at the same time,there are also many "online contract workers" groups,since then,there has been a new employment model,"platform" & "individual".This kind of network contract labor forms have both the characteristics of labor relations and service relations,which challenges the traditional labor relations in our country.China’s labor relations recognition is a "dichotomy" model,or recognized as labor relations,applicable to labor law adjustment;either it is recognized as service relations,and the adjustment of civil law is applicable.The recognition standard is based on the theory of "subordination".This article starts with the types and characteristics of online contract workers and their forms of employment.Through analysis,it is found that: first,there are various types of net contract workers;Second,the subordination between the online contract workers and the platform is weakened,and it has considerable flexibility and autonomy.Compared with the standard labor relations,the labor standard conditions have also changed.Therefore,the recognition of labor relations cannot be generalized,and it cannot be recognized asservice relations by ignoring the fact that net contract workers are subject to certain management and supervision during their work;Through the analysis of 100 judicial cases related to takeaway and flash delivery industries,it is found that there are many different judgments on the same case.The identification of labor relations between the two is in a dilemma,so it is urgent to explore new solutions to standardize the relationship between online contractors and platforms.This article analyzes the reasons for different judgments of the same case,mainly as follows: First,the relevant legal concepts of labor relations are vague;Second,the standard of labor relations is rigid in application;Third,the boundary between standard labor relations and other civil relations is vague.Fourth,there is a lack of standards for determining non-standard labor relations.Under the "internet plus",how to identify the labor relations of online contract workers has become the focus of global attention.Some countries have made new progress on the basis of the original theory,and some countries have established new systems under the traditional labor relations identification model.These are all useful attempts.Most other countries adopt the "three-point method" model,which has enabled the identification and protection of workers to be classified and layered,and has provided the possibility of protection for the newly-emerged flexible employment personnel such as network contract workers.Therefore,on the basis of learning from the effective experience of foreign countries,combined with China’s national conditions,the corresponding improvement suggestions are put forward.Firstly,it is necessary to clarify the relevant legal concepts of labor relations.Secondly,a "three-point" model should be established for the determination of labor relations,which can be divided into three types according to the existence and strength of subordination: The category of non-standard labor relations(which can be named as "net contract labor relations"),quasi-dependent labor relations(newly added)and independent labor(service relations),then the non-standard labor relations are included in the protection scope of labor law,and the quasi-dependent labor relations are included in the protection scope of civil law.Thus,the "three-division" mode of labor relations identification is: labor relations(including standard labor relations and non-standard labor relations),quasi-dependent labor relations,and service relations;Thirdly,it is necessary to standardize the identification standards of all kinds of labor and employment relations so as to better distinguish them.Finally,it is necessary to accurately grasp the main points of judgment in the determination of labor relations of net contract workers and unify the judgment thinking.
Keywords/Search Tags:Labor Relations, Recognition standards, Non-standard labor relations, Quasi subordinate labor relations
PDF Full Text Request
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