共享经济下劳动用工关系认定困局及法律路径

The Dilemma of Labor-Employment Relationship Identification and Legal Path Selection under Sharing Economy

共享经济下,新型灵活网络用工模式涌现,匹配和提高了劳动力市场供需及效率,但也使从业者与平台之间劳动关系的界定成为难题。传统劳动关系认定的“二分法”已不能适应新型用工关系,基于劳动关系认定的“三分法”对新型劳动从业者与用工网络平台界定劳动关系能提供解决方案。

In the sharing economy,new flexible network labor mode emerges,which matches and improves the efficiency and accuracy of supply and demand in the labor market,and also makes the definition of labor relationship between practitioners and platforms become hot,difficult and difficult.There is a fierce conflict between the three characteristics of new employment(flexibility,multi-nature and temporary nature)and the standard of traditional labor relations.The rigid,rigid and traditional labor relations identification"dichotomy"has obvious defects,and the construction of a new labor relations identification"three rules"is important and feasible,to achieve economic development and effectively protect the rights and interests of both workers and employers win-win situation.