Research On Labor Law Protection Of "Online Jobs"

The spread of Internet technology and information technology has brought about the sharing economy,which has led to the diversification of labor forms,and labor relations have changed significantly due to the penetration of the sharing economy.The changes in the characteristics of labor relations have brought great challenges to the protection and regulation of labor laws.Among them,the model of contract employment is the most typical.China's traditional labor law protection system is essentially a self-employed dichotomous protection system.It adopts the "all or nothing" method to apply.If it constitutes a labor relationship,it means "all" applies,otherwise it will not be protected by labor laws.Therefore,judicial practice has disputed the characterization of the employment relationship on the Internet.At present,the "three standards" of labor relations in China are too stringent and rigid,and the form of online contract employment cannot be applied.The existing regulations are difficult to provide the necessary and appropriate labor law protection for online contract workers.First,based on the classification of network contract workers,this article clearly identifies the "network contract workers" that are being studied as the main type of network contract workers,and further divides them into work-type and free-type network contract workers;Secondly,I analyze the status and problems of China 's online contract labor law protection and related theories and inspirations.Among them,attribute theory and intermediate type subject theory are the main theoretical basis for subsequent legislative case analysis and suggestions for improvement;Then,the article analyzes the legislative examples of the Borello test system in the United States,the "Employee-like" system in Germany,the "Quasi-subordinate" labor in Italy,and the "Non-employee laborer" in the United Kingdom and summarize the four systems mentioned above for China's online contract labor Applicability of legal protection;Finally,relevant suggestions are made.The author believes that the labor law protection for online contract workers can be divided into three types.First,the minimum protection of rights and interests is enjoyed by all online contract workers,this type of protection does not involve qualitative issues of labor relations;Secondly,the online contract workers withobvious characteristics of labor relations should be fully protected by labor law,which can be judged by the theory of attributes.However,based on the changes in the characteristics of labor relations brought about by the sharing economy,the applicable standards of the subordinate property theory should be moderately relaxed.We should grasp the substantive standards and relax the formal factors.The author believes that the work-type network contract workers in the network contract workers discussed in this article belong to the type enjoying this type of protection.Finally,for online contract workers who do not have the personality subordinate attribute,but have strong economic subordinate attributes,they do not conform to both labor relations and labor relations.A middle class similar to the “class employee” in Germany can be set up.Type subjects include it to provide labor law protection,but the scope of protection is narrower than traditional workers,the free type of network contract discussed in this article belongs to this category.In addition,since the main basis of the determination is economic subordination,the scope of labor law protection they enjoy should also be based on economic protection.