Study On Judicial Determination Of Labor Relations In Employment Of New Employment Form Platform

Platform employment is a new employment pattern with more openness,compatibility and flexibility,and its employment patterns are constantly evolving and complex and diverse,which makes the traditional criteria for determining labor relations encounter great challenges,and also brings the difficult problem of judicial recognition of labor relations in the new employment pattern of platform employment in judicial practice.Eight ministries and commissions,including the Ministry of Human Resources and Social Security,issued the Guidance Opinions on Safeguarding the Rights and Interests of Workers in New Employment Patterns on July 16,2021,which emphasizes the protection of the rights and interests of workers in new employment patterns,but still does not answer the criteria for determining the labor relations of platform workers.Whether the platform enterprise and the employee have established labor relations determines the scope of labor rights and interests that the employee can enjoy,and the employee can enjoy comprehensive labor rights and interests protection only after the labor relations are recognized.Therefore,the article takes the judicial determination of labor relations between platform enterprises and employees as the object of study,and explores how the judiciary determines the legal relations between platform enterprises and employees through the combing of employment patterns of new employment platforms and the visual analysis of labor dispute cases.Through the analysis,it is found that the difficulties in judicial adjudication are: firstly,it is difficult to effectively identify the actual employer.Secondly,it is difficult to clarify whether there is labor management.Thirdly,it is difficult to judge the business component.The first reason for these difficulties is that the diversified development of employment form makes the subordination variation,which is reflected in the blurring of personality subordination and the obvious weakening of organization subordination.Secondly,the lagging and imperfect laws and regulations are difficult to adapt to the new characteristics of platform employment.At present,the recognition of labor relations between enterprises and workers in new employment platforms has become a global concern.The UK gives new legal subject status to such workers and gives them partial protection of labor law rights and interests,while the US uses various indicator tests to discern the status of employees and independent contractors,making a trade-off between employment and non-employment relationships.This layered classification protection concept in the UK and the indicator-based test system in the US are both useful explorations for the protection of the rights and interests of practitioners in new employment forms.Therefore,on the basis of examining the judicial determination of labor relations of platform employment in foreign countries and combining the labor legal framework and employment facts in China,the author believes that the people’s court should,on the basis of adhering to the protection of workers’ rights and interests,respecting the development mode of new economic forms and adhering to the basic principle of factual priority,determine the actual employer from the employment facts and draw on the concept of layered classification protection and indexing system in foreign countries to The People’s Court should make a comprehensive judgment on each element of subordination by the path of " weight order",instead of demanding all elements to be available at the same time.At the same time,the people’s courts have to accurately grasp the main points of judicial decisions on labor disputes over the employment of workers on the new employment platform,and form a unified and clear logic of judicial decisions in order to arrive at relatively objective and fair judgment results.