The Identification And Protection Of The Rights And Interests Of Online Contract Workers In The Internet Economy

The traditional labor relationship is a kind of legal relationship formed between the laborer and the employing unit according to the relevant provisions of the labor law.This legal relationship is different from the civil legal relationship adjusted by the civil law and guaranteed by the labor law.In traditional labor relations,laborer gets the command and management of unit of choose and employ persons,be engaged in the task that unit of choose and employ persons allocates in fixed time and fixed place,belong to the staff member of unit of choose and employ persons,the content of its job is the component that unit of choose and employ persons main business.However,with the development of the Internet economy,a new and popular flexible employment method has emerged,we call it the network contract.The traditional labor and labor unit personal and economic dependent attribute is strong,the laborer must work in accordance with the work unit specified working place and working hours,the work content is a part of the main business of the labor unit,its economy mainly comes from the labor unit.In contrast,network contract tools have the advantages of flexibility and diversity,making them a rising workforce in the Internet economy.Generally speaking,online contract workers do not have to stick to a fixed working place and working hours,and can even establish legal relations with multiple employers at the same time.However,because of the weak subordination between the network contractor and the employer in this legal relationship,it is often not recognized as a labor relationship by the court,leading to a certain vacuum in the protection of the rights and interests of network contractor.With the continuous integration of the Internet and economic development,enterprises in all walks of life will also have more and more demands for online contract workers,and disputes over labor relations related to the Internet will continue to emerge.At present,China’s labor law does not include online contract workers in the scope of protection to give preferential protection,so how to identify and protect the rights and interests of online contract workers will inevitably become the focus of lawmakers’ attention.Countries outside this article USES the comparative research,analysis on labor relations and its relevant rights and interests protection law and the judicial practice,by reference to the labor relations of three yuan framework design and index of diversity,both two roads should from the legislation and judicature in our country,to explore the Internet economy in our country under the cognizance standard and the way of the protection of the rights and interests of labor relations,From the perspective of legislation,the labor relations stratification system of ternary framework is constructed,and the labor relations in China are divided into traditional labor relations,non-standard labor relations and independent labor relations.According to the specific employment situation of network contract labor,it is incorporated into the corresponding level to carry out the corresponding protection.From the judicial point of view,the identification of labor relations should be appropriately lenient,typical cases of identification of labor relations on the Internet should be published,the close connection between protection of workers’ rights and identification of labor relations should be cut off,the working mechanism and organizational form of industry associations should be strengthened,and the protection of rights and interests of online contract workers should be more solid,deeper and more detailed.Based on the web about the cognizance of the worker labor relations and rights and interests protection,through the case study analysis,legal text analysis,comparative analysis method,the methods of literature analysis method,surrounding the topic will be divided into four parts.The first part discusses the theoretical basis of traditional identification of labor relations.This paper summarizes the concept of traditional labor relations,the development history of labor relations,and the theory of labor relations,and then analyzes the legal basis and the basic principle of subordination of labor relations.Among them,the principle of life dependency and the principle of economic dependency are the important theoretical basis for the identification of labor relations.The second part discusses the status quo of the identification of employment relationship and the protection of rights and interests of network contract workers in China.This paper briefly introduces the current situation of network contract labor in China and analyzes the characteristics of network contract labor and the types of employment relations.Analysis of the current network about the challenge for the protection of the rights and interests of workers and troubled legal reasons,the main reason for the net is not about worker rights and interests protection is to narrow the scope of labor law of the laborer and dualistic framework of "one size fits all" cognizance mode of labor relations,to promote network about workers labor protection is the current should pay more attention to a problem.The third part combs the identification system of extraterritorial labor relations so as to give enlightenment to our legislation.This paper divides the identification system of labor relations in different countries into binary framework and ternary framework,and summarizes several suggestions for improving the identification of labor relations in China.The fourth part is the last part of this paper.Based on the contents of the first three parts,countermeasures and suggestions are put forward from the aspects of improving the standards for the identification of labor relations of online contract workers,issuing guiding cases,strengthening the rights protection ability of online contract workers,strengthening the responsibility of enterprises on the network platform and improving the social security mechanism.