A Comparative Study Of The Identification Of Labor Relations Between China And The United States In The Age Of Sharing Economy

The sharing economy is often referred to as the on-demand economy,that is,the economic model in which dispersed and independent entities use social platforms to share idle resources so that the social utility of resources can be fully utilized.With the advent of the era of sharing economy,the new flexible employment model,which is more flexible,challenges traditional labor relations.From the industrialized economy to the globalized economy,the traditional and standard labor relations have gradually weakened,and the world has entered into an era of flexible labor combined with a new economic model and flexible work.Labor relations are increasingly showing a trend of non-standardized labor relations all over the world.This trend has also spread to China,and a variety of flexible employment forms have emerged.In the judicial practice,there have also been disputes arising from labor relationship recognition in the era of sharing the economy.This paper introduces the typical cases that emerged in China's judicial practice in the era of sharing economy,carefully analyzes the judge's ideas and comprehensively retrieves a series of cases related to typical cases through empirical research.This paper also analyzes the problems existing in the identification of labor relations in the economic era,the status quo of the identification of labor relations in China and the inadequacies in the identification of labor relations in judicial practice.As a traditional case law country,the United States also encountered the same dilemma as China in the identification of labor relations in the era of sharing economy.This paper analyzes the solutions of labor relationship identifications in the era of sharing economy through typical cases in California,and analyzes the confusion in specific cases in American judicial practice.Then,through a comprehensive introduction to the identification standards of employment relations in American judicial practice,namely common law standards,economic reality standards and ABC standards,the characteristics of labor relations identification standards in American judicial practice are analyzed.Finally,the advantages and disadvantages of the three identification standards in the sharing economy are analyzed separately.China and the United States have their own confusion in the identification of labor relations based on the dual framework of their labor relations and non-labor relations in the era of sharing economy.Regarding the criteria for the identification of labor relations,there is no clear definition of labor relations in the two basic labor legislations of China,namely the Labor Law and the Labor Contract Law.The judgments of local courts are based on The Notice of the Ministry of Labor and Social Security on the Matters Related to Labor Relations Identification issued by the former Ministry of Labor and Social Security.However,the judgments of the local courts differ greatly in their understanding of the requirements for the identification of labor relations in the Notice.The common law standards,economic reality standards and ABC three-factor standards commonly adopted in American judicial practice have matured over the years,but they are also stretched in the era of sharing economy,so they cannot be directly used for reference in China.By comparing and analyzing the problems faced by the two countries in the judicial practice regarding the identification of labor relations and the judges' judgments,this paper believes that the question of whether to recognize the workers working for sharing economy as employees should not be given to the judges,and leave the judges to make value judgments.Instead,creating an intermediate body and developing a corresponding protection system to balance the business model of the sharing economy with the labor security of the more vulnerable workers is the best choice for our country.