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Legal Research On The Determination Of Labor Relations In O2O Model Economy

Posted on:2019-09-16Degree:MasterType:Thesis
Country:ChinaCandidate:W S ZhaoFull Text:PDF
GTID:2416330566463113Subject:Economic Law
Abstract/Summary:PDF Full Text Request
The O2O economy is a kind of economic development mode on and off the line,which is based on the Internet platform.The rapid development of the O2O economy makes the number of Internet platforms grow rapidly,and the mode of platform operation is constantly updated and changed.Under such background,the new employment form appears,the laborer's characteristic,the employing unit's characteristic all produced the change,the labor relations confirmation is more complicated.The current labor laws and regulations can no longer adapt to the flexibility of the employment form and the complexity of labor relations in the O2O economy,and the number of labor disputes involving the O2O platform is increasing.The defects of the traditional standards of labor relations recognition and the new characteristics of the labor relations in the O2O economy make it difficult to determine the labor relations in the O2O economy in judicial practice.By analyzing the influence of the changes of labor subject on labor relations in the O2O economy and the limitations of the traditional labor relations identification standard.It is found that the main reasons for the dispute of labor relations in the O2O economy are: the definition of the concept of labor relation is not clear in the labor law of China,the single adjustment mode is still adopted in the labor law of our country;The subordinate attribute standard of labor customs in our country is rigid,lack of specificity and insufficient in index.For the adjustment of labor relations in O2O economy,on the one hand,it is necessary to consider the flexible employment requirements of employers and promote economic development;on the other hand,it is necessary to guarantee the rights and interests of flexible employment workers.Therefore,it can fundamentally reduce the disputes of labor relations in the economy of O2O by adopting the adjustment of classification and differential treatment and giving different levels of protection.
Keywords/Search Tags:O2O economy, labor relationship determination, classification adjustment, differential treatment
PDF Full Text Request
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