Study On The Legal Application Of "Incomplete Labor Relations" In The New Business Form

The rapid development of emerging fields brings about the rapid growth of new types of workers,which leads to a series of new labor disputes.In order to support and standardize the development of new forms of business,as well as practical new forms of business workers’ rights and interests,the new concept of "incomplete labor relations" is proposed in the Guiding Opinions on Safeguarding the Labor Security Rights and Interests of Workers in New Forms of Employment issued in July 2021,which defines its connotation and stipulates corresponding protection measures.It is the biggest breakthrough of the new form of labor rights and interests protection system,and also explores the road for the future labor legislation.However,the system of "incomplete labor relations" faces many problems in legal practice,which are mainly reflected in the obstacles of judicial application and insufficient protection of labor rights and interests.Through the analysis of the new business form of "incomplete labor relations" law application problems.It can be found that,first,the qualitative dispute surrounding "incomplete labor relations" is the root cause of the problem.Whether it is the dispute between "labor dichotomy" and "labor tripartite",or the discussion on whether "incomplete labor relations" is applicable to the Labor Law,it is directly related to the identification of "incomplete labor relations" and the protection of rights and interests and other key aspects.Second,the identification standards of labor relations are ossified,and "incomplete labor relations" identification standards are not clear,which leads to the difficulties in the identification of labor relations.Third,in "incomplete labor relations",the rights and obligations of both parties are not clear,which shows that the value orientation of the system is still controversial,namely,it is difficult to balance the relationship between the flexibility of new forms of labor and the safety of employees.Therefore,it is necessary to further perfect the system of "incomplete labor relations".First of all,we should establish the principle of "respecting the will of employees",and endow the employees of new forms of business with the right to choose the contract type independently,so as to judge the type of labor relations according to the contract type.Secondly,it clarifies the identification criteria of "incomplete labor relations".On the one hand,it takes the presence and strength of personality subordination and economic subordination as the key indicators;on the other hand,it refines the specific criteria for the identification of "incomplete labor relations".Third,clarify the legal liability of the employer,reasonably determine the rights and obligations of both parties in the written agreement,strengthen the court’s review of the written agreement,and clarify the employment responsibilities of platform enterprises;Finally,strengthen labor security for employees,expand the scope of labor benchmark protection,improve the basic endowment insurance and medical insurance system,build a new occupational injury protection system,enhance the relevant rights of employees to the platform algorithm,give play to the role of trade unions and collective bargaining,In order to realize the "incomplete labor relations" employees of the three-dimensional labor rights and interests protection system.