Study On The Protection Of Network Contractors' Rights In The New Internet Employment

The continuous progress of mobile internet technology has promoted the new commercial innovation mode of "Internet +",which is constantly integrating with various industries in the society.The new form of " network contractor " comes into being in the context of this era.In the new-type employment form,the work mode of the employment subject has a strong autonomy,and the personality dependency is severely weakened and does not have the full "laborer" status in the sense of labor law.But in the actual provision of labor services,due to its economic disadvantage,it also shows the attributes of some laborers.Under the rigid standard of affirmation of subordination and the traditional dual protection mode of labor law,it is difficult for the service providers in new-type employment form to obtain proper protection of labor law.So as to meet the practical needs of increasingly diversified,elasticity and flexible labor market,we should break through the current dual system of labor relations and labor relations in current labor law,set up a special middle type subject between independent workers and independent labor providers,given appropriate protection of labor law.This article follows the traditional thinking paradigm of "asking questions-analyzing problems-solving problems",divided into two parts— the introduction and the main body,introducing the legitimacy and specific system design to protect the rights of network contractors in the New Internet employment by introducing the intermediate worker.This article mainly discusses the thesis through the following five parts:The first part mainly analyzes the current situation of network contractors in the new internet employment and its existing employment problems.Through the empirical analysis of the judicial cases and the survival status of the new employment in the new type of labor relations,drawing the necessity of in-depth study on the protection of the rights of labor suppliers in the new-type employment form.The second part mainly reviews and re-examines the standards of affiliation of labor relations in our country and the protection system of labor law.The existing standard of affiliation determination in our country pursues the comprehensiveness of the constitutional requirements and does not match the complex and changeable manifestations of the labor relations under the Internet economy.There is no transition zone between the current protection of labor laws and the equal protection of civil law.Labor service providers are in a gray area of labor relations and the opposite so cannot be protected.The third part mainly analyzes the legitimacy of establishing the intermediate worker.The advice is based on the theory of workers' hierarchical protection and the analysis of the intermediate worker.The practice basis of establishing the intermediate worker mainly through the development of China's current labor market and the development of labor legislation.This paragraph also analyzes the world trend of establishing the intermediate worker.The fourth part is mainly about the intermediate worker outside the domain and to compare and analyze it.By combing the ILO's rules on the intermediate worker,learning about Germany's “Similar employees”,Italy's "sustainable and cooperative contract" worker system and the British system of "non-employee workers".The aim is to compare the standard of labor relationship and labor law protection system with China,so as to bring enlightenment to the research of new type of labor relations in China.The fifth part is the exploration of the protection of network contractors' rights in the new internet employment form.It is divided into three aspects: to enrich our labor relations from attribute standard,to additional economic dependent service providers,to flexibly use the current labor law specific system.