Summary:In order to overcome the shortcomings of the existing bet365 offer concepts and identification rules,Requirements for rules to cope with the rise of platform employment,Correcting deviations in judicial practice,It is necessary for our country to adopt legislation to stipulate the concept of bet365 offer and its identification methods。The essential attribute of bet365 offer is still subordination,The core is personality subordination。Subordinate attributes can be derived from personality attributes、Examine it from three perspectives: economic affiliation and organizational affiliation,But the three attributes overlap with each other,It’s not clear distinction。The construction of the concept of bet365 offer and its recognized rule system should fully consider the characteristics of the digital age,Normative expressions should include multiple forms at different levels, such as legislative and administrative opinions or judicial interpretations,Certainty in rules、Finding a balance between stability and flexibility。We should actively draw on useful experiences from overseas in the construction of rules,And make full use of existing local rules and practical resources。On the recognition of bet365 offer,The reasonable degree of subordination should be grasped,And make a substantial judgment on whether workers have labor autonomy。
Keywords:bet365 offer Workers Platform Employment Subordination
AuthorXie Zengyi,Researcher at the Institute of Law, Chinese Academy of Social Sciences (Beijing 100720)。