新就业形态下支配性劳动管理标准研究

Research on the Standard of Dominant Labor Management under the New Forms of Employment

摘要: 平台经济催生的新就业形态改变了传统用工模式，以人格、经济、组织三重从属性为核心的传统劳动关系认定标准逐渐显现适用局限，面对算法柔性管控、连环外包、诱导注册个体工商户等用工规避行为易产生裁判分歧。本文梳理我国劳动关系认定标准的历史演变，剖析传统标准在新业态下面临的多重困境。以最高人民法院第42批新就业形态劳动争议指导性案例与2025年网约货运典型案例为样本，系统阐释支配性劳动管理标准的裁判逻辑与适用规则。

Abstract: New forms of employment fostered by the platform economy have transformed traditional employment models. The traditional criteria for identifying labor relations, centered on the triple subordination of personality, economy and organization, have shown growing applicable limitations, and judicial divergences tend to occur in the face of labor evasion practices such as flexible algorithmic control, successive subcontracting, and inducing workers to register as individual industrial and commercial households. This paper sorts out the historical evolution of labor relation identification criteria in China and analyzes the multiple dilemmas of the traditional criteria when applied to new forms of employment. Taking the 42nd batch of guiding cases on labor disputes arising from new forms of employment issued by the Supreme People’s Court and a typical online freight case released in 2025 as research samples, it systematically expounds the judicial logic and applicable rules of the standard of dominant labor management.