Reflection on the Multi-stage Argumentation of the Applicability of Labor Law to New Forms of Having Jobs
The syllogism-based argumentation featuring multi-stage progression is the main mode of addressing the issue of the applicability of labor law to new forms of having jobs:the first stage is to argue whether there is a labor relationship by considering the subordination-oriented characteristics of the new form of having a job;the next stage is to argue the overall applicability of specific systems of labor law to the new form of having a job if there is a labor relationship;the last stage is to argue the applicability of specific systems of labor law to specific circumstances of a new form of having a job.However,in the seemingly rigorous logic of argumentation,the multi-stage argumentation gradually erases the distinct features of both specific new forms of having jobs and specific systems of labor law,the applicability in theoretical sense concluded by comparison between abstract concepts cannot enhance the coupling of application between them.To ensure a more tailored protection of the rights and interests of workers engaged in new forms of having jobs,it is advisable to minimize argumentation layers for the applicability of labor law for protection,and draw a direct correlation between the the characteristics of legal benefits inherent in specific systems of labor law and the characteristics of subordination in the specific scenarios of new forms of employment,and address the issue of applicability of specific systems to specific scenarios through a single-stage argumentation.
Labor LawNew Forms of Having JobsSyllogismMulti-stage Argumentation
万方数据
维普
