Study On Labor Relations Identification And Rights Protection Of Network Contractors

With the rapid development of the Internet plus era,the form of social labor has gradually shifted to job activation and occupation diversification.The new employment relationship built by the Internet is developing rapidly,making the traditional labor relations identification in a dilemma,especially in the judicial field,labor disputes are growing.Whether the labor relations can be regulated by labor law and whether the legal rights of the network contract workers can be protected in the employment of the Internet economy requires not only the explicit provisions of the law,but also the type analysis.Now,in the labor law and the labor contract law,there is no clear definition of the recognition standard of labor relations.In practice,the three norms in the notice of the Ministry of labor and social security on the establishment of labor related matters are often used to confirm whether the two sides can have labor relations.However,the three standards are vague and difficult to define.When some network contractors have disputes with employers,they are often not recognized and protected.From the experience and practice of "labor relationship identification" and "rights protection" in foreign countries,this paper discusses whether part of the network contract workers can form labor relationship with the platform,how to protect their rights and interests,and establishes a quantitative standard of labor relationship and a way to protect their rights and interests suitable for China’s network contract workers.