The Recognition Of Labor Relations Under The "Internet Plus" Model

The deep integration of the Internet and traditional industries has further aggravated the upgrading of industries,accompanied by the emergence of new forms of labor/employment,which include both the factors of labor relations and the shadow of labor relations.The management mode of enterprise and laborer,employment relation also appeared the phenomenon of non-standard labor relation,whether this phenomenon is an extension of the inherent form of traditional labor relation,or a new kind of labor relation,There is no unified conclusion in academic and practical circles.The labor relations in our country are linked to social insurance,dismissal relief,and safety and security.Once it is determined that there is no labor relationship,the workers will not be given preferential protection by the labor law.“all or nothing” protection is used to apply individual cases,We insist on the dichotomy between “labor relations” and “non-labor relations”.There is no intermediate buffer zone.A new form of labor / employment that combines labor and labor relations,although in reality there is giving It is necessary to tilt protection,but it is very difficult to get the “care” of labor law in strict accordance with the existing legal framework.In 1970 s,Western countries began to explore the protection of workers who have “weakened personality and strong economic dependence”.Their experience of setting up middle-type laborer is useful for us to solve the dilemma of labor relations today.This paper chooses Beijing net contract first case as the starting point of the research,this case is a rare case in the litigation stage of recognizing the “Internet” mode of labor relations between employers and employees.It provides research materials for exploring the establishment of “intermediate workers”,protecting workers’ rights and interests,and also shows the trend of diversified development of labor relations.The first chapter of this paper reviews the facts of the case.This paper summarizes and analyzes the dispute focus of the case,which reflects the dilemma of the current legal norm in the identification of labor relations under the “Internet” mode.Chapter two traces back to the origin of the history of the development of labor relations,and the current research on labor relations in our country.In order to explain the expansibility and complexity of the development of labor relations,That is,the connotation of labor relations is dynamic and changing with the development of the times,thus increasing the difficulty of identification.the third chapter analyzes the new characteristics of labor relations brought by the Internet and the significance of identifying labor relations.It explains the necessity of expanding the scope of workers under inclined protection,and then leads to the writing purpose of this paper,that is,to explore the establishment of “intermediate workers” to be protected.Chapter 4th is for the protection of flexible employment personnel.This paper puts forward the idea of setting up the intermediate type laborer,and puts forward the assumption of several protection strategies.The purpose of this paper is to discuss what kind of labor / employment form between flexible employees and employers should be regarded as “labor relations” under the “Internet”mode,so as to decide whether to give corresponding protection in the field of labor law.Instead of proposing specific criteria for identifying new types of “labor relations”.