Research On The Identification Of Labor Relations Of Flexible Employment Under New Business Form

At present,with the vigorous development of the new business economy,the Internet continues to burst out in all walks of life with sweeping power.In particular,the combination with the service industry has derived numerous new modes of flexible employment.The addition of the Internet has caused an impact on the traditional labor mode,and the dispute over the identification of labor relations has become increasingly fierce.In order to reduce labor costs,Internet platforms or enterprises usually adopt the outsourcing or crowdsourcing mode of "de-laborization" to disperse risks,which makes the identification of labor relations more complicated in judicial practice,and the legitimate rights and interests of labor groups in the new business form cannot be guaranteed.In the long run,it will shake the foundation of our social security system,so it is urgent to solve the problem of determining flexible labor relations under the new mode of business.This article mainly uses the case analysis method to study the existing problems of labor relations identification,and explores the new path suitable for the identification of flexible labor relations under the new form of business.Apart from the introduction,the main body of this paper consists of three parts.The first part mainly analyzes the cases concerning the identification of labor relations in judicial practice,and finds that there are differences in the judgment reasons and results of such cases in judicial practice.The dispute focus of the case is mainly around the personality subordination,organizational subordination,economic subordination and the identification standard of the employer in labor relations identification.The second part mainly analyzes the identification of labor relations of flexible employment under the new business form.Firstly,the change of the mode of flexible employment under the new business form,especially the emergence of outsourcing and crowdsourcing mode,makes the identification of labor relations more necessary.Secondly,the personality,economy and organizational attributes of flexible labor are weakened to some extent compared with traditional labor relations.Finally,there are disputes about the recognition of flexible labor relations at home and abroad.This leads to the problems in the basis,subject,procedure and result of the determination of flexible labor relations in judicial practice.The third part is the perfect conception of labor relations identification.The identification basis is mainly based on the existing legal system for labor relations identification.In terms of the identification subject,it mainly carries out substantive identification for the employer,and in terms of the identification procedure,it mainly adopts the points system to investigate the attributing standard elements.Thus further improve the flexibility and accuracy of labor relations identification.