ABSTRACT
The sharing economy has been booming in China. However, with the rapid increase of relevant employment, identifying the status of the worker in the sharing economy has been a difficult problem in practice. Facing the immature identifying criterion of labour relationship in China, the labour dispute settlement authority has managed to explain subordination in the cases of the sharing economy, but still cannot unify the judgement criterion. In the crowdsource model, the judges are hard to find the subordination of workers according to the freedom work clauses in the digital contract. In the outsource model, there are different judgments in who is the real employer. To deal better with such cases, the fact of contract performance should be considered in the first instance, and the identification criterion of subordination should be examined based on the character of the digital technology. The joint employer responsibility also should be enhanced for evading false outsourcing.
