Identification Of The Nature Of Network Employment Relationship

The "Internet plus" and the sharing economic platform are diversified in the form of production and use,and there are network jobs in every industry field,which has great influence on the development of traditional labor relations.As we all know,the three elements of subordination are the recognition standards of labor relations in the past.Different from the traditional labor relations,the new labor relations of network employment have more flexibility in the content and form of labor output,and the attribute elements are weakened,so it is obviously inappropriate to continue to use the traditional standards to determine the legal nature of network labor relations.With more and more "labor disputes" involving online contract workers in trial practice,the root cause of the contradiction is more and more obvious: "crowdsourcing" online employment relationship is not clear in legal nature,and the legislative level is not clear.Therefore,without violating the basic principles of labor laws and regulations,how to adapt to social development and properly identify the nature of network employment relationship is the main content of this paper.The first chapter is the overview of network employment mode.First of all,starting from the meaning and employment profile of network labor contract,this paper briefly describes the network labor contract group,and makes it clear that network labor contract is a kind of group relying on platform enterprises under the sharing economy to provide services;secondly,it analyzes the characteristics of network labor model,and makes clear the difference from the traditional labor relationship;finally,it discusses the practical significance of identifying the nature of network labor relationship.The second chapter is based on the current legal system of our country,from the legislative and judicial levels to analyze the current situation of identifying the network employment relationship in our country,and analyze the main difficulties in identifying the nature of the network employment relationship in our country.The third chapter introduces the useful experience of foreign countries in the process of exploring the identification of the nature of the network employment relationship,such as opening up intermediate subjects,putting forward more detailed identification standards,taking the content of substantive review as the primary basis for the results,and providing a variety of reference ideas for the identification of the nature of the network employment relationship in China.On the basis of the first three chapters,the fourth chapter puts forward four suggestions for the identification of the nature of China’s network employment relationship based on the basic principles of inclined protection and balance of interests,drawing on the experience of foreign countries in line with China’s national conditions: clarifying the object of dispute,setting up the intermediate subject,changing the premise of determination,and clarifying the connotation and extension of each party’s subject.