Empirical Research Of Judicial Identification Of Gig Worker

With the development of the Internet sharing economy,a new type of work was born which called gig workers.What follows is the issue of judicial identification of their laborer status.However,there is no unanimous view on the determination of the labour status of gig workers,either in academic or practical circles.The chaos of academic theory makes related judges make different judgments in the same case,which affects the justice and efficiency of the judiciary.Based on this,taking 528 judgment documents selected from China Judgements Online as the sample data,using the empirical research method,a binary Logistic regression analysis was conducted to find out the order situation,platform management,labor remuneration source,labor remuneration payment form,the type of agreemen,the physical condition of gig workers,the region where the trial court is located are the factors that have a siginificant impact on the judgment results of the indentification of gig workers.And when the gig workers choose to receive orders independently,or platform without management,or labor remuneration payment comes from a third party,or labor remuneration payment form is pay on a piecework basis and no basic salary,or the type of agreement is not a labor contract will have negative impact on the referee.Namely,when the above situation occurs,the judge will be more inclined to decide that there is no labor relationship between gig workers and network platform.However,looking at the path of the above-mentioned influencing factors of the judgment in combination with the actual situation,it can be found that there are deficiencies in the existing judgment: the factors used to determine the subordination are single,the form of the agreement signed by the two parties in reality is ignored,and the relationship between the court and the court lack of consistent identification criteria.Therefore,it is necessary to further improve the referee approach,establish flexible and unified identification standards,pay more attention to the substantive correspondence of subordination when judging whether the subordination exists or not,and provide inclined protection for the basic social security of gig workers according to the actual situation.So as to better meet the needs of development of the times,and improve the protection system for rights of gig workers to boost the development of sharing economy.