Analysis On The Legal Regulation Of Employment Under The Sharing Economy

The development of the sharing economy has achieved a leap from sharing economy 1.0 to sharing economy 2.0,and the business model of platform enterprises has shifted from"heavy assets"to"light assets".The sharing economy brings all-round challenges to the labor law.As far as the protection of workers'rights is concerned,though labor relations tend to be equal and employment is more flexible,the risks of"unsafety"and"unstableness"increase the risk of"network-job"rights protection.The relationship between the"network workers"and the platform in the sharing economy platform makes"network workers"form a gray area between laborers and self-employed people.The ambiguity of identity recognition is related to the characteristics of"network workers",that is to say:the personality is weakened from the attribute,but it is not completely independent of the platform,and it is economically dependent on the platform.From a theoretical perspective,the rigidization of current employment laws and regulations can no longer cope with the flexible and diversified new forms of employment.Under the dual protection system of"labor relations and labor service relations","network workers"not only conforms to some characteristics of labor relations,but also conforms to some characteristics of labor service relations to a considerable extent,so this subject is difficult to effectively classify.The standard of identification of traditional labor relations is based on the identity attribute,and the"network workers"is weakened by the attribute,so it is difficult to effectively classify it as"labor".There are problems in the existing legal regulation of employment in China,and the two paths of the new mode of employment outside the domain-"subject type"and"content type"provide a blueprint for China to cope with the above dilemmas.It is imperative to innovate traditional employment laws and regulations.Under the perspective of the sharing economy,the new regulation of employment law needs to focus on the protection concept.In the legislative technology,the stratification adjustment is the core,and the classification is adjusted.It is necessary to create a"complex"labor relationship identification standard,expand the scope of labor law protection,and add an"intermediate subject"type between traditional laborers and self-employed people.According to the different types of"network workers",they are positioned to provide a layered protection path for workers,intermediate agents and self-employed people.This article consists of five parts.The first part is the status quo of employment under the perspective of sharing economy.This paper introduces the development of employment in the context of sharing economy,expounds the emerging organizational form under the sharing economy,compares the types of employment under the sharing,and studies the particularity of the employment model under the perspective of sharing econormy.The purpose is to understand from a macro perspective that the sharing economy has had an impact on the traditional employment model.The second part is the identification of"network workers"in the context of sharing economy.Identity positioning directly relates to the rights and obligations of"network workers".In the practical field,there is controversy about whether the "network workers " is a laborer or an independent contractor.The reason for the dispute lies in the particularity of the"network workers".This particularity is manifested in the fact that the"network workers"weakens the personality of the platform.The”network workers " is not completely uncontrolled by the platform,and the"network workers"is economically dependent on the platform.The third part is a theoretical reflection on the predicament of current employment laws and regulations.China's traditional employment law regulation is a dual protection system for labor relations and labor service relations.However,in the face of meeting the requirements of some parts of labor relations,and also having some characteristics of labor relations,it is often difficult to classify them under this system.In addition,the standard of identification of traditional labor relations is based on the identity of the attributes,which makes the"network workers" weakened from the attributes often difficult to effectively classify as laborers in practice.The traditional theory of labor law and the theory of labor relations cannot make a reasonable judgment on the employment form of"network workers",and the traditional theory has problems.The fourth part introduces the enlightenment of the extra-territorial"network workers"legal regulation to China.Outside the region,there are two paths for the positioning of"network workers".The first one,represented by Germany,Italy,France,and Japan,breaks through the existing dual system through legislation or justice,and advocates the construction of a"third type"between laborers and self-employed people.The subject provides protection similar to workers.The second is represented by the United States.Under the existing dual system,it advocates an expanded interpretation of"control rights".In the judicial judgment,the 13 elements under the Borello rule are used as the basis for interpretation,and the Uber driver is identified as an employee of Uber.The emergence of these two paths shows that as a global sharing economy,employment laws and regulations should be reformed to cope with new forms of Internet employment.The fifth part is designed for the legal regulation of employment in China.First of all,it is necessary to establish a protection concept that protects the labor rights of,network workers"and encourages the healthy development of the sharing economy.In the choice of legislative technology,based on the stratification adjustment,supplemented by classification adjustment,the three-stage steps are used to reposition different types of"network workers".On the basis of repositioning,it proposes a legal protection path for classification,which is an inevitable move for"network workers"to achieve decent work.