Analysis Of The Labor Relation Dispute Case Of Deke Company Pursue For Genzhuang Ge

With the economic development and the integration of information network,the industrial structure is constantly adjusted,the sharing economy develops rapidly,and many different types of platform employment modes have emerged in the field of labor employment.Sharing economy plays a great role in promoting employment and economic development,but platform-based employment makes labor relations appear atypical,which leads to the existing legal rules can not fully adapt to the needs of labor relations practice.The research on labor relations and protection of labor rights and interests under platform economy has become the main object of academic research.This paper selects a case study of platform triangle employment.In this case,the platform enterprise Uhang Technology Co.,Ltd.signed a labor outsourcing agreement with the third party organization Adecco,which signed a labor agreement with the employee Ge Genzhuang,and Ge provided special car driving services according to the labor agreement.Firstl,this paper focuses on whether the labor legal relationship is formed between the employee Ge and the third party organization Deco Company,and analyzes the disputes related to the validity of the electronic Labor Service Agreement,the calculation of Ge’s overtime salary,and the responsibility of the enterprise.Secondly,through the trial process and the content of cross-examination of this case,as well as referencing the reasoning of other similar cases,this paper further discusses the problems existing in the current identification of labor relations in the platform triangle employment: the decentralization of management power and the concealment of subordination in the labor employment practice;Legislation lag and blank,the traditional legal rules can not be directly applied;It is difficult to prove the subordination because of the malpractice of the current identification standard in judicial practice.Finally,based on the existing problems,the author puts forward corresponding suggestions: the judicial concept should adhere to two balances;Legislation should change the single adjustment mode,continue to improve the labor standard law and innovate local supporting rules,give play to the role of judicial interpretation and guiding cases,and provide guidance for judges.In judicial adjudication,judges should base on the characteristics of individual employment mode,flexibly consider the subordination standard,break through the limitation of contract name,identify the labor relationship from the essence of the performance of facts,refer to the theoretical results of the academic world to make adjudication to enhance public credibility,train professional judicial talents,and improve the efficiency and quality of handling cases.