Labor Law’s Response To Non-standardized Labor Relations Under The Background Of "Internet +"

With the continuous development of information technology,the phenomenon of non-standard labor relations is happening all over the world,and the volume of nonstandard labor relations is more and more difficult to be ignored.There are mainly two theories of control and subordination in the determination of labor relations.The application of these two theories is not clear in China’s labor law,but only partially reflected in the specific provisions.While discussing the connotation and definition mode of non-standard labor relations,we also need to pay attention to the characteristics brought by Internet technology,such as hidden employment mode,loose enterprise organization,prominent information advantage and change of subordinate relationships,so as to comply with the development of this relationship and make up for the weakness of labor rights protection.In the Internet plus mode,more and more non-standard employment forms have been spawned.The main target of labor law adjustment in various countries is still traditional labor relations,while the standard labor relations are mostly regulated by single regulations or by enlarging the interpretation of labor relations.The lag of relevant laws and regulations also leads to the weak position of non-standard employment workers in the legal status,which can not meet the needs of the long-term healthy development of non-standard labor relations.The phenomenon of non-standard labor relations has brought problems such as the lack of payment,safety and health protection for non-standard employment workers,the lack of implementation of the right to rest,the narrow coverage of social insurance and the lack of vocational skills training,which makes the labor law fall into the dilemma of insufficient protection.Even if the current labor laws and regulations are flexibly used to protect the rights and interests of non-standard employment workers,they are also faced with multiple challenges,such as whether the employment form agreed in the contract is effective,it is difficult to identify non-standard labor relations,it is difficult to grasp the legal protection scale,and it is difficult to implement regulatory measures.Different scholars have different opinions on the issue of non-standard labor relations,and how to define and regulate non-standard labor relations has become the focus of academic controversy.Whether it is the establishment of "the third kind of workers" or the layered protection of rights and obligations,its core should focus on the actual protection of workers’ rights and interests,which is also reflected in the judicial practice at home and abroad.The American case shows the dilemma of the dual structure of "laborer non laborer",while the British case reveals the rationality of the ternary structure.Although the case of "good cook" in China shows that under the condition of proper application,China’s labor law can adjust the non-standard labor relations appropriately,but it relies too much on the legal literacy and judgment level of the referee,which is not conducive to the realization of the certainty and consistency of judicial judgment.Therefore,the adjustment of non-standard labor relations,on the one hand,needs to avoid the legal relations that should be adjusted by the labor law escaping to the civil law,rather than simply dividing the "labor relations non labor relations" boundary;On the other hand,we also need to balance flexibility and coercion while protecting the rights and interests of workers.How to achieve harmony between the protection of workers’ rights and interests and the promotion of industrial development,so as to comply with the economic policy of "stable employment,urbanization and reform dividend",and then realize the economic goals of employment increase,economic growth and fair distribution,is the key to solve the non-standardized labor law of labor relations.In order to solve this dilemma,we not only need to adopt legislative means to adjust labor laws and regulations,but also need to change the original protection mechanism centered on typical workers,adopt actual labor identification standards,and give non-standard employment workers the same legal status and security conditions.Under the guidance of this thought,we should perfect and adjust the labor standards,social insurance,public employment services and other systems,and clarify the main responsibilities of enterprises,so as to meet the needs of labor security under nonstandard labor relations.We should establish non-standard employment professional trade union,actively play the role of organization and coordination of trade union,and make good use of collective negotiation mechanism,so as to create a wider space for independent negotiation for non-standard labor relations while striving for the legitimate rights and interests of workers.Besides the consultation mechanism,the labor supervision mechanism is an important defense line for the protection of the rights and interests of workers.It needs to keep pace with the times,pursue the balance of fairness and efficiency,and make good use of the "Internet plus" technology,constantly strengthen the labor administrative mechanism,and strive to cover the labor supervision system to every worker.