Legal Issues Of Working Time Determination Under Internet Economic Background

Perfect working hour accreditation standard is an important basis for protecting the rights and interests of workers.Working hour accreditation standard in line with the background of The Times is the common value goal of both labor and capital.The current working hour system was formed under the background of industrial economy.With the advent of the Internet era and the emergence of various new economies,the traditional way of identifying working hours has been unable to perfectly solve the practical problems caused by various new economies.Under the background of Internet economy,in addition to working time in traditional workplaces,there are other situations that can be defined as working time that have not been included in the scope of protection of laws and regulations,and the standards for identifying working time need to be improved.It is the key to improve the standard of working time identification to solve the dilemma of current working time identification.The current difficulties in the identification of working hours mainly lie in the following aspects:the new labor mode has weakened the subordination of labor relations,which leads to the difficulties in the identification of workers;The flexibility of working time leads to the difficulty of proof when confirming the length of working time.The unclear legal status of standby time makes many jobs with waiting time more prone to labor disputes;The question of whether"hidden overtime" can be equated with statutory overtime is troubling many workers who still deal with their work online after work.In order to break through the dilemma of working time identification under the current economic background,theory and practice should be combined,such as the new type of labor mode of subordination identification standards,the use of"integral assessment" to determine the strength of labor relations subordination;Clarify the working time management system of new business practitioners,and strengthen the management of new business practitioners by interspersing compulsory rest time in work,setting the maximum working hours and improving the platform personal information of new business practitioners;Improve the standby time system,clarify the concept of working time in legislation,refine the specific identification methods of different types of standby time;The "hidden overtime" is included in the category of statutory overtime work,and the off-line right of workers is established to ensure that workers are not disturbed during the rest time.At the same time,we should make good use of the characteristics of the Internet economy,make good use of electronic data to strengthen the validity of evidence for the identification of working hours,strengthen personal awareness of evidence,and keep electronic bills,transfer records,punch records,chat screenshots and e-mails when conducting important transactions online.