Identification Of Labor Relations Of New Business Type Employees Under Sharing Economy

As a brand-new economic form,the sharing economy continuously realizes the reconfiguration and optimization and sharing of various production factors in society through the Internet,which not only changes the traditional industrial structure dominated by the real economy,but also promotes the combination of these industries and the Internet model.This new economic model will inevitably generate a large number of employed people.However,unlike the previous labor model,the relationship between workers and enterprises in the sharing economy is more complicated,and the subjects involved are more diverse.Therefore,the issue of the identification of labor relations for employees in this new type of business has received increasing attention.At the same time,this new model has also challenged traditional labor relations.For the judgment theory of labor relations,the civil law system is mainly based on "subordination",and the common law system is based on "control rights" and "economic reality".Due to the lack of a clear determination system for the identification of labor relations in China’s labor laws,currently only the "Notice on Matters Related to Establishing Labor Relations" issued by the Ministry of Labor and Social Security has been passed.The identification of legal relationship is more difficult,and it is difficult to adapt to the reality of the changing employment model of new business.At the same time,because the labor relationship is tied to work-related injury insurance,the current ambiguous status quo is not conducive to the realization of labor security for workers.By classifying and analyzing the judicial cases of employment disputes in new formats in the past five years,it is concluded that the courts have different reasons for judging the existence of labor relations and the absence of labor relations.In view of the problem of inconsistent judgment standards in cases of new business employment relationship determination in current judicial practice,the traditional labor relationship concepts and judgment theories are not completely outdated.We can learn from the foreign factor inspection model to improve it,in order to adapt to the new characteristics of new business type employment and improve the identification system of labor relations.Specifically,it can be improved from the aspects of upholding the dual concept,perfecting legislation,promulgating judicial interpretations,issuing guiding cases,paying more attention to substantive subordination,and comprehensively considering individual cases.