Can The Rule Of Labor Relations Continue To Protect Workers?

With the rapid development of the Internet economy, the new mode of employment has emerged constantly. How can we understand and identify the employment mode of "platform + service providers"? Is this employment mode still applicable to the labor relations that have been used?

As a domestic electricity supplier leader said: "every game has rules, all contingency is inevitable. There is no alternative because there is a bottom line for everything. Employees who violate the bottom line will face the risk of being dismissed. The law has its fairness, and constantly updating new laws to protect workers, at the same time, it also promotes the employers themselves. Keep up with the rapid changes and abide by the principles so that we can continue to move forward.

The year 2016 has passed. In this year, there are many impressive events in the field of labor law.

1. "hard work is also a dispatched worker". This is the helpless sigh of many dispatched workers, and these sighs will no longer exist. The biggest highlight of the newly revised labor contract law clearly stipulates the right of "dispatched workers" to enjoy equal pay for equal work with the "formal workers" of the employing units, and at the same time endows regulatory authorities with the right to carry out the administrative licensing of labor dispatching business according to law.

In August 14th of 2.2016, star Wang issued a divorce statement through micro-blog, and relieved song's broker's job. Suppose that a labor contract signed between song and Wang company is a labor contract relationship. Wang issued micro-blog statement to dissolve the broker's position as a broker in Song Dynasty. Is it lawful and effective? Is it necessary to pay economic compensation for its unilateral rescission?

3. how do we think about the lawsuits involving Internet drivers in the US and China? Will the emergence of a series of new employment relations from labor relations to self employment, independent contracting and crowdsourcing will lead to the future labor relations no longer exist?

4. China's labor law and employee relations forum has risen. A large number of human resources service companies have developed labor legal affairs and function outsourcing services. They are committed to using professional knowledge of labor laws to solve employee relations problems in enterprises, help enterprises to reduce labor costs, control legal risks and achieve excellent employee relationship management.

China's " labour law The traditional employment forms stipulated in the "law" are divided into two types of full-time and part-time employment forms, and the new labor contract law adds the new labor employment mode of "labor dispatch". The mode of labor dispatch enables employees to separate their service units and management units, thus forming a new type of employment mechanism that "people do not care for others, do not care for others". At the same time, the employment of labor dispatch is the same as the so-called "formal worker", which is restricted by labor law and other laws. Laborers and employers must strictly abide by the corresponding laws and regulations. No matter what type of laborers they are employed, they must be a well behaved person and an honest person.

As the service providers of the Internet platform, they have a sense of rights in the process of service, hoping to get the most effective and maximum interest protection and subconsciously identify themselves as " Worker This tendency leads to a large number of labor disputes in practice. Internet contract car is a typical case. The existence of labor relations has become the basis and focus of such disputes. Some scholars in our country think that "Internet +" is the innovation of employment management, and can not be judged by the traditional "personal attachment" characteristics. They believe that this mode is "separate" and should belong to labor relations. However, the reality is that the referee still maintains that the "three elements" stipulated in the notice of the Ministry of labor and social security on matters relating to the establishment of labor relations should be judged whether there is any labor relationship. Employing unit And laborers comply with the main qualifications stipulated by laws and regulations; (two) the labor rules and regulations formulated by the employing units according to law shall be applicable to the labor management of the laborers, the employing units, and the remunerated labor arranged by the employing units; (three) the labor provided by the workers is an integral part of the business of the employing units.

In speeding up the development of China's Internet economy, it is urgent to define the nature of employment relationship and regulate the rights and obligations of both sides, and labor protection is still the core issue. Confirming the basic form of employment relationship in the Internet economy is of great significance for standardizing the employment relationship in the Internet economy and avoiding conflicts between employers and employees.

Due to the diversification of labor forms and the complication of labor dispute cases, a large number of consulting firms that focus on employers' labor law and employee relations consultation, training, outsourcing and legal services should be born. Jiangsu navigation as a human resource management enterprise, closely follows the development of the era, launches LPO business in a timely manner, providing enterprises with various consulting, clerical, project and training services, and is committed to using professional knowledge of labor laws to solve employee relationship problems in the process of enterprise management, helping enterprises to reduce human resources costs, avoid related risks, improve the efficiency of human resource management, and achieve excellent employee relationship management. To a certain extent, it promoted the development of labor law and employee relationship service industry.

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