On The Characterization Of Net Labor

The platform economy evolved from the constantly developing information technology and other high and new technologies is gradually combined with the production and operation activities of all walks of life in China,so as to form a "platform+individual" network contract labor mode.This new form of employment plays a vital role in promoting flexible employment and increasing productivity.While promoting economic development,labor dispute cases concerning the definition of the nature of online contract labor also broke out on a large scale.Limited by the fuzziness and hysteresis of the traditional labor nature identification standard,whether the network contract workers can be defined as the traditional workers or not has caused great disputes and disagreements in the theoretical circle and judicial practice.Due to this new form of employment reflected some characteristics of labor relations,and contains a number of labor relationship characteristic,so about worker legitimate rights and interests through the net platform for the security and the healthy development of the economy,whether the "one size fits all" all included in the category or labor relations,labor relations are unable to achieve the balance of interests between the two,more can't consideration of fairness and efficiency.Therefore,based on the current legislation and judicial status quo in China,combined with the development trend of online contract labor mode,and drawing on the increasingly mature legislative design and judicial practice experience of foreign countries,this paper puts forward some feasible Suggestions for accurately defining the nature of online contract labor in China.This paper intends to discuss from the following four aspects:The first part explains the basic theory of the nature of network contract labor.Accurately defining the concept and characteristics of network about work,then analyzes the characteristic of new employment pattern of employee,so that accurate definition about net work a positive role in promoting employment nature,will not only help the unification of the judicial referee results,but also to a certain extent,reversed transmission law reform,thus enhance the clarity of the labor law and applicability,prevent generalization or nothing labor relations labor relations.The second part mainly introduces the foreign exploration and experience of the nature identification of network contract labor.Introduces Germany,American and British standards and labor relations Uber case such as typical cases,thus to our country network about worker labor accurate definition provides a wide range of the nature of experience can be used for reference,such as specific elaboration of diversified criterion,establish the comprehensive judgment method of pay attention to the substantial examination and set up a "similar to the laborer" in the middle of the body.The third part summarizes the current status and defects of the nature identification of network contract labor in China.This paper elaborates on the current legislative and judicial status quo of the definition of the nature of online contract labor in China,and then discusses the deficiencies in the definition of the nature of online contract labor in China,mainly including the rigidity of the binary framework model,and the rigidity and hysteresis of traditional identification standards in the main elements,content standards and identification documents.The fourth part discusses the improvement of the definition of the nature of network contract labor in China.On the basis of the first three parts,combined with the development trend of the network contract labor mode,and referring to the more advanced system design and practical experience of foreign countries,this paper puts forward some feasible Suggestions for the definition of the nature of network contract labor in China:under the guidance of the concept of tilted protection and balance of interests,a three-element framework model is constructed.By perfecting the presupposition,subject qualification and subordinate attribute of judgment standard,the reconstruction of traditional identification standard is realized.