日中比較法の視点から見る中国のシェアリングㆍエコノミーの現状と法的対策

In China, new forms of employment related to sharing economy are spreading rapidly. When operating it, the platform side makes use of various means in order to escape employer’s responsibility, bringing a big challenge to certify employee nature and the labor relationship. In case of China, there is no legal definition of employee or labor relationship, and the presence or absence of employee nature is left to the practical judgment of the notice level exclusively. When arranging a car through the Internet (like Uber), the contracting parties have the right to choose between labor contract and service contract regardless of the actual status of working. In addition, under new forms of employment, it is impossible to distinguish between main business and side jobs, the trend of employer responsibility is not clear, and a shorter working time with higher performance evaluation which means a perfect “performance based pay system” should also be noted. In order to deal with these practical problems, legislation that classifies workers and balances between “party autonomy” and “worker protection” according to the degree of protection required is under consideration.