Research On The Identification Of New Employment Relationship Under Shared Economy ——The Case Of Confirmation Of Labor Relations Between The Network Car Platform And The Driver As An Example

Sharing economy not only increases the vitality of economic development and promotes employment,but also puts forward new requirements for the identification and regulation of labor relations.The traditional labor relations recognition theory takes personality subordination as its core element,which is difficult to adapt to the flexible employment mode between the network car and the driver and the employment form with weakened subordination.In our country,the standard of identification is too comprehensive,and the dual identification system with labor relations and labour relation as boundaries also makes it difficult to classify the new type of practitioners.This article,from the perspective of the current judicial situation,makes a response to the labor legal system on the basis of drawing lessons from foreign legislation and judicial practice.The identification mode of reform has changed from a single dependence on personality subordination to a combination of economic subordination and organizational subordination.In the mode of examination,it has changed from "constitutive requirements" to "essential factors investigation",paying more attention to the investigation of substantive subordination.Under the condition of not changing the current labor law adjustment mode,a three-element framework is constructed,an "intermediate subject" type between traditional laborers and self-employed laborers is added,and economically dependent labor service providers are included,so that the scope of labor relations identification is more reasonable.Finally,it distinguishes the operation modes and classifies and confirms the employment relationship between the network parking platform and the drivers,providing a specific judgment method for judicial practice.The first part is the status of the identification of new employment relationships in the context of the sharing economy.Starting from three typical cases of the identification of labor relations between the online car-booking platform and the drivers,it compares the differences in the identification of employment relations in labor disputes and infringement disputes,and analyzes and leads to the problems to be studied in combination with the focus of disputes.The second part is an analysis of the new forms of employment under the sharing economy.It explains the new forms of work and the pattern of online car hire in the sharing economy.It points out the impact of new types of employment on the identification of traditional labor relations in terms of subject,content and methods.The third part mainly reflects on the dilemma of identifying new employment relations under the shared economy,and discusses the factors that hinder the identification of new employment relations.It is mainly elaborated from the perspective of China’s existing criteria for determining subordination,which pursue the comprehensiveness of the constituent elements,the limitation of "all or nothing" identification under the dual system,and the difficulty of classifying new employment in the middle zone between labor relations and labor relations under this system.The fourth part is mainly to analyze and refer to the identification of new employment relationships outside the territory.Represented by Canada,Germany and Spain,a "third type" between labor relations and independent contractors is added through legislation to provide protection for similar workers.From the perspective of the most typical Uber labor dispute cases in the United States and the United Kingdom,this paper analyzes the judgment basis and interpretation thinking of the court in the judgment and reasoning part of the judicial practice,and puts forward the direction that can be used for reference for the determination of employment relations in China.The fifth part is the suggestions on the recognition of labor relations under the shared economy in our country: changing the recognition standard of traditional labor relations,constructing a three-dimensional framework,adding economic dependent labor service providers,and classifying and recognizing the labor relations between the online car-sharing platform and drivers according to the different operating modes of the online car-sharing platform.