Identification Of Labor Relations In The Sharing Economy

Sharing economy is a form of economic development that mobilizes idle social resources.makes full use of resources and avoids waste of labor.The integration of the shared economy.platform economy and digital economy makes the surplus labor force fully mobilized and makes the employment mode more flexible,which not only destroys many jobs,but also generates many new employment opportunities.Under the shared economy,the labor employment of enterprises is different from that of traditional enterprises.The uncertainty of labor time,place oi work and remuneration leads to the ambiguity of the orientation of enterprises.This not only extends the serious issue of labor relations identification,but also involves the protection of labor rights and interests of this kind of labor groups.As a representative profession in the shared economy,the online car driver has always been in the forefront of public opinion.The new employment relationship between net-appointment drivers and pla tform enterprises has always been a difficult problem in judicial practice.There are many different judgment conclusions in judicial practice to identify this relationship.On the one hand,this mode of employment is incompatible with the existing labor employment system in China.The standard of labor relations recognition in our country,s law is old and rigid,which can not solve the problem of flexible employment which is becoming more and more popular.At the same time,there is no clear definition of labor relations,labor relations and employment relations in the law,which further aggr avates the uncertainty of the employment mode.On the other hand,from the point of view of the traditional labor law of the continental law system and the common law system.this new employment mode breaks through the standard of traditional labor relations,and the workers have considerable autonomy,but still have dependence on the employing units.In some developed countries,the dual structure of traditional labor relations has long been abandoned in law for flexible employment.Instead of being black or white between labourers and non-labourers,workers in the middle zone have emerged.The International Labour Organization has identified it as a non-standard employment model.In the legislation of our country,there are labor dispatch and part-time employment in view of flexible employment,but there are great limitations,especially the scope of application of part-time labor is very narrow.For regulating the non-standard employment mode in the shared economy and protecting the labourers in the shared economy,we can refer to the regulations of the part-time employment system in the labor law and make reference to this kind of part-time employment system.Standard employment relations are included in the scope of labor law protection.Specifically,in view of this flexible way of employment,on the one hand,can not apply the traditional labor system,we should give full play to the role of trade associations and trade unions;On the other hand,we should give workers certain rights and interests protection,set up independent operation of the shared economic injury insurance fund,clear that the object of fund protection can be flexible employment status to participate in pension insurance,medical insurance and so on.