Ascertainment of Employment Relationship for Workers in Mobile App Companies
摘要
Rapid development of new enterprises operating via mobile app platforms (“New Enterprises”) proved the huge potential market demand. On Jan 11, 2016, DIDI announced that a total of 1.43 trillion orders were placed across all its platforms in 2015. It could not be denied that innovative concept of new enterprises, such as DIDI, has changed the operational pattern of the traditional market. Employing O2O (Online to offline) model as a core, mobile internet as a carrier, the new operational pattern is quickly occupying the market. However, labor management is almost every new enterprise’s Achilles' heel. On account of workers’ mobility and flexibility in New Enterprises, and that they rarely execute an employment contract or pay social insurance premiums, workers are not covered for any work-related injuries or overtime pay and so on. With the New Enterprises expanding, labor disputes are growing at the same time. Under such circumstances, does the relationship between New Enterprises and their workers constitute employment? Is the traditional thinking of ascertaining an employment relationship still applicable, or shall innovations be made in the new era? This article will discuss these issues based on the New Enterprise’s characteristics, national policy and Chinese and foreign cases.
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