The Current Situation Of The Judicial Practice Of Network Workers’ Rights And Interests Protection And The Improvement Countermeasures

With the vigorous development of "sharing economy","platform" + "individual" employment mode breeds more flexible and diversified jobs,reshaping labor relations,aggravating the nonstandardization of labor relations,and posing a great challenge to the stability of labor relations.A large number of workers swarm into the "sharing economy",a new business model,causing difficulties in employment legal relations under the new model.It is not only the problem of the legal relationship between "platform" and "individual",but also the inconsistency in the identification of the legal relationship between the two,which leads to other legal protection problems of online contractors.Domestic scholars have carried out a large number of studies on employment relations on Internet platforms,but have not comprehensively studied other legal protection issues of online contractors under the current legal framework.This paper discusses the legal disputes on the Internet platform,with the purpose of providing guidance and support for enterprises on the flexible employment situation of online contractors,and promoting the steady development of China’s "sharing economy".This article from four parts to our country network worker rights and interests protection problems and improve the demonstration.First of all,this paper enumerates three types of typical cases of network workers by taking online car hailing,network anchors and online takeout delivery workers as the research objects,and compares the causes of cases,the focus of disputes and the judgment results in a multi-dimensional way,so as to sort out the judicial practice status quo of the protection of rights and interests of network workers and summarize the existing protection issues of rights and interests.Then it analyzes the causes of inconsistencies in the protection of rights and interests of network workers in judicial practice,and compares the differences between network workers’ employment relations and traditional labor relations,as well as the influence caused by the lag of the current legal system.Finally,the author puts forward specific countermeasures to improve the protection of rights and interests of network workers.Through analysis,the author finds that the judicial practice of guaranteeing the rights and interests of network workers the following problems: the identification of employment nature is inconsistent;The unbalanced enjoyment of "labor" rights and interests of contract workers on the Internet,as well as the disunity of the way and degree of liability borne by contract workers for damages caused to others.Because the network contract workers have more particularity than the traditional workers,the flexibility and flexibility is the root cause of the difference in the protection of rights and interests of the network contract workers.Solving the identification of labor nature is the premise of improving the path of rights protection.Therefore,this paper proposes to lower the identification standard of labor relationship,relax the identification dependency,and adapt to the characteristics of flexible labor.In order to protect the rights and interests of online contract workers and platform companies with more "grey zone" legal relations,this paper proposes to increase intermediate types of workers to ease the current "black or white" protection of labor rights and interests.Finally,in order to balance the responsibility of contract workers,this paper uses the current legal system,determines the nature of employment,unifies the application of law,and realizes the fairness and justice of contract workers’ responsibility.