英文摘要 |
Cyber employment in sharing economy differentiates from traditional employment relations, because it involves platforms, consumers and cyber workers, and cyber workers have some job autonomy and offer part of tools or materials. In the dichotomy of employment relations' inclined protection and service relations' non- inclined protection, employers frequently use internet platforms to eliminate employment relations and evade labor law duties, which is the main influence on labor law caused by cyber employment. To enhance cyber workers legitimate rights in classification standards of employment relations help maintain fair market competitive order and guarantee governments' revenues. Based on China's realities and US experience, China's classification standards of employment relations could be improved through the following paths: to insist on constitutive requirements, adopt a rebuttable presumption and rule on an individual basis, and properly absorb economic dependence theory. |