Research On Labor Relationship Identification Of Network Contract Workers

At the end of the 20th century,the era of industry 4.0 officially arrived,and the new labor subject represented by network contract labor came into being.Network contract tools have the characteristics of independent time and place of employment,diversified types of employment,etc.Compared with traditional labor relations,the dependency of online contract labor is weakened,which makes it difficult to be identified as labor relations.Therefore,it is necessary to regulate the relevant system of labor relationship identification of network contract workers.At present,the framework of labor adjustment in China is the dual protection mode.Under this mode,online contract labor in judicial practice can be identified as either labor relationship or labor relationship.The main reasons are as follows: The existing dual protection model is based on the theory of dependency,which highlights the lag in the face of the weakening of dependency.The lack of provisions on the legislative level of non-standard labor relations represented by online contract workers;The traditional identification standard of "constitutive elements" of labor relations has certain limitations,and the identification standard of non-standard labor relations is missing.These problems have brought difficulties to the identification of the nature of online contract labor,resulting in frequent occurrence of different judgments in the same case in judicial practice.From the perspective of outside countries,Germany adjusts the framework of labor to the three-way protection mode.In this mode,labor subjects are divided into employees,employees and self-employed,and classified according to the strength of their subordinate attributes,which provides a good institutional basis for the identification of labor relations of online contract workers.The United States adopts a "test system" to identify labor relations by matching case facts with various elements in the test system.Based on the rule of law experience of countries outside the region and in view of the problems existing in the identification of labor relations of online contract workers in China,the binary protection mode should be reconstructed centering on the strength and weakness of follower attributes,including: The non-standard labor relationship is the strong subordinate labor relationship,the strong economic subordinate quasi-subordinate labor relationship,and the weak subordinate labor relationship.At the same time,the non-standard labor relationship is stipulated in the labor law.By referring to the test system standards of the United States,the identification standards of labor relations in China are refined in the form of "generalization and enumeration",and the characteristics of non-standard labor relations are reflected.In the judicial level,improve the thinking of judgment,issue guiding cases,so as to unify the standards of judgment.