新就业形态下劳动关系的联结特点与认定标准
The Connecting Characteristics and Identification Criteria of Labor Relations under New Employment Forms

新就业形态以平台经济为核心，劳动关系呈现出外观联结松散化、内部联结数字化的特点。传统的劳动关系认定标准在新就业形态中存在局限性，无法解决书面合同缺失、从属性关系模糊情形下出现的问题。新就业形态下劳动关系的认定是保障劳动者权益、促进平台经济健康发展的关键。为此，新就业形态下劳动关系的认定标准需要再解释。一方面，在劳动合同缺失情形下应采纳事实优先原则；另一方面，对从属性要素进行多因素、多角度的拓展与细化，将劳动关系置于平台经济的背景下重新审视。通过以上方法，使得实践中劳动关系的认定适应新就业形态信息化、灵活化的发展需求，进一步保护新就业形态下劳动者的合法权益，促进劳动关系的和谐稳定。
The new employment form, centered around the platform economy, exhibits characteristics of loose external connections and digital internal connections in labor relations. Traditional standards for determining labor relations are limited in the context of new employment forms, as they are unable to address issues arising from the absence of written contracts and the ambiguity of dependency relations. The determination of labor relations under the new employment form is crucial for protecting workers’ rights and promoting the healthy development of the platform economy. Therefore, the standards for determining labor relations under the new employment form need to be reinterpreted. On one hand, the principle of prioritizing facts should be adopted in cases where labor contracts are absent, while on the other hand, the dependency factors should be expanded and refined from multiple perspectives and angles, placing the labor relationship within the context of the platform economy for a fresh examination. By adopting these methods, the determination of labor relations in practice can adapt to the flexible and information-based development needs of the new employment form, further protect the legitimate rights and interests of workers in the new employment form, and promote the harmonious and stable development of labor relations.