Research On The Recognition Of Enterprise Labor Relations In Internet Platform Economy

The online reservation service platform,is a typical representative of internet economy models in the recent decades.It is different from the clear and accurate criteria for judging labor relations as well as the regulated and comprehensive measures for protecting and relieving laborers' rights and interest in traditional industry.There is a great controversy between the online reservation service platform and the platform practitioners,with regards to either the criteria for judging labor relations,or the contents of relieving laborers' rights and interests.This leads to huge vacancy and disputes in the issues that what kind of law should be used for judging the relationship between the enterprises and platform practitioners and how it should be operated in reality,both legislatively and judicially.Therefore,it is necessary for us to conduct a more in-depth exploration and research on the identification of enterprise labor relations in the Internet platform economy.This article takes a typical case—the Labor Dispute Case of Lekuai Co.,Ltd—as the research object,which involves the disputes of labor relation confirmation between internet reservation service platforms and employees.Through the analysis of this case,this article is aimed at finding out the existing problems in the previous confirmation cases of labor relationship in internet platform economy,which were faced by Chinese law system.The problems are that the labor relationship confirmation was based on old laws,antiquated thinking and weak protection for laborers' rights.Next,this article will put forward the relevant strategies to solve the above problems from two angles: legislation and jurisdiction.From the angle of legislation,this article will first discuss if the adaptability of using the current laws to handle this type of problems can be strengthened through two methods: further clarifying the basic principles of labor law and releasing related jurisdictions;secondly,this article puts forward the idea of creating the “middle-type labors” system to better help the judges make fact finding,and therefore further maintains the legal rights of laborers of online platforms.From the angle of jurisdictions,this article first mentions to change the thinking of judging in a proper way on the basis of flexible utilization of laws,and absorb the latest results of academic research that are not collided with current legal norm in order to compensate the status quo under the laggardness of legislation;then,this article puts forward that the process of hearing should deemphasize labor relationship confirmation for shifting the focus on guarantee of laborers' rights.Through the above four strategies,the author aims at better solving the problems on laborer relationship confirmation of enterprises in the internet platform economy of our country,and to better protect the rights of laborers in internet platforms.