China’s "network Contract Workers" Rights And Interests Protection Legal Studies

With the arrival of the "Internet +" era,the sharing economy USES the Internet to integrate traditional industries,creating a new "platform + individual" employment model,and creating a large group of "network contract workers".As a new type of atypical labor relationship,the employment relationship of "network contract labor" is more novel in form and more flexible in location than that of typical labor relationship.Technological innovation provides a large number of employment opportunities for the labor market.However,due to the complexity of the employment relationship of "network contract workers",the current labor relationship identification is confused in theory and judicial practice,which further affects the protection of the labor rights and interests of "network contract workers".Throughout China’s labor legislation,on the whole,there are some problems,such as obsolete laws and regulations,lack of standards for the identification of atypical labor relations,and incomplete labor security measures.In judicial practice,the court has negative identification of the labor relationship of "online contract workers",confused application of rules,and different judgment standards based in different places,resulting in different judgments of similar cases.With the continuous innovation of the new employment model and the continuous expansion of the group of "network contract workers",the resulting legal issues keep emerging,which involve the protection of the labor rights and interests of the vast number of "network contract workers" need to be resolved.This paper points out the problems in the identification of employment relationship and the protection of labor rights and interests in China’s "network contract workers" by means of normative analysis,case analysis and comparative analysis,and draws on the relevant systems and experience of foreign countries to finally put forward specific regulatory opinions.In addition to the introduction and conclusion,this paper is divided into the following four parts:The first is the "network contract" overview.This part expounds the concept,background and causes of the new atypical labor mode--"network contract labor",analyzes the meaning and characteristics of the typical labor relationship and atypicallabor relationship,and takes this as the theoretical basis to identify the labor nature of "network contract labor" in China.Secondly,it introduces the real dilemma of the rights and interests protection of "network contract workers" in China.In this part,by classifying and summarizing typical cases of labor disputes over "network contract workers" in China,and comparing the judgment reasons and results of courts in various regions,the author analyzes the existing problems in the determination of employment relationship of "network contract workers" in China and finds out the reasons.Again,it lists the reference of foreign "network contract workers" rights and interests protection system.This part studies the rights and interests protection system of "contract workers" in Anglo-American law system and continental law system respectively,analyzes the trial process and judgment reasons of Uber case in Anglo-American court,and summarizes the effective measures taken by Germany,Italy and Japan to protect workers under the new labor mode.Finally,on the basis of the above research,the author puts forward some Suggestions to improve the rights and interests protection system of "network contract workers" in China.It is the core content of the full text,according to the second part puts forward the problem of this part,combined with the third part of the experience for reference,based on the present situation,the law regulation of our country current"net about workers’ labor rights protection issues such as determination and labor relations,proposed the construction of a" legal protection and social security "overall legislative idea,and from the perfection of the mechanism of legal protection,improve the social security mechanism two aspects to perfect the opinion,specific measures include raising of legislations,unified standards,implementation of such protection,establish the occupational safety and health benchmark,promotes the public service employment,etc.