Sharing Economy: Challenges for the Labor Market and the Labor Law in China and Globally

Abstract The sharing economy has had a substantial impact on the labor market and created challenges for companies in traditional industry businesses. In conducting micro-comparative research existing standards that test employment relationship between Uber drivers, this study reveals how different law dogmas deal with conundrum brought about by economy. of personal dependence derived from German been model China, Japan, other civil countries as main standard to identify an employee. This encounters failure context Unlike latest court decisions jurisdictions UK, EU, US tend increasingly categorize drivers employees. proposes new or should be developed ‘bottom-up’ through consistent development local regulators’ efforts. A category lies midway employee semi-employee is proposed workers intermediated firms. firms (platforms), rather than individual workers, would have ability undertake social cost economic burden incurred when they are categorized employers law. Only these platforms can invoke their technological organizational power reasonably allocate such costs burdens.