Research On Legal Issues Regarding The Identification Of Labor Relations Under The New Employment Mode

With the rapid development and wide application of Internet technology,the new forms of employment that connect supply and demand with Internet enabling are flourishing.The labor and employment modes of the new forms of employment are constantly evolving and complex,and the labor relations under the new employment modes have undergone many changes.Due to the insufficient legal basis for the identification of labor relations under the new employment form,the unclear definition of the labor subject,the limitations of the traditional subordinate identification standards and other problems,the identification of new employment relations under the new employment form falls into a dilemma.In judicial practice,there are some problems concerning the identification of labor relations under the new employment pattern,such as different sentences in the same case and different sentences in the same category.Especially in the context of the system that some social insurance projects are tied to labor relations,the identification of labor relations on the one hand is related to whether workers can enjoy the full range of slanted protection of labor law,on the other hand,it deeply affects the social security rights and interests of workers.Therefore,accurate identification of labor relations is very important.In order to realize the accurate identification of the nature of the employment relationship of the workers in the new employment form,it is necessary to perfect the legal path of its identification.Reconsider the types of employment relations under the new employment form,legalize the boundary concepts such as the connotation of labor relations,so as to make up for the lack of legal basis for the identification of employment relations,so as to clarify the positioning of new labor relations under the new employment form.We should actively learn from foreign experience and refer to the concept of "class laborer" to construct the system of "third class laborer" so as to solve the problem of unclear definition of the laborer subject.By optimizing the identification standards of new labor relations under the new employment form,relaxing the requirements for the identification of subordinate standards,paying attention to the investigation of the core elements of subordinate standards,and increasing the identification standards of technical subordination,a new path is provided for the identification of new employment form of labor relations.