Research On The Identification Of Labor Relations On The Internet Platform

With the continuous development of science and technology,especially the widespread application of mobile Internet technology in people’s daily life,traditional industries have ushered in new development opportunities with the support and promotion of new technologies.A large number of mobile Internet,big data,cloud Computing and other technologies have sprung up on the network platforms that rely on it.The birth and development of these network platforms have also brought new employment modes and management methods,which have caused new changes in China’s employment relations in practice.The employment relationship has become more diverse and flexible.On the one hand,it meets the employment requirements of the network platform and the desire of some practitioners to work independently and freely;on the other hand,it also brings about an unclear employment relationship between the network platform and the practitioners.The practical problem that the rights and interests of practitioners cannot be effectively protected.In judicial practice,there are more and more cases involving disputes over the employment of online platforms,and similar cases have resulted in inconsistent judgments in different regions.This explains to some extent that China’s existing labor relationship identification standards cannot effectively solve the problem of increasingly flexible network platform employment relationships.At present,China’s labor relations certification standards are mainly based on the first of the "Notice on Establishing Labor Relations"(Ministry of Labor and Social Security[2005]No.12)(hereinafter referred to as the "Notice")issued by the former Ministry of Labor and Social Security in 2005.The provisions of one article are judged in accordance with the specific circumstances of the case,but when this standard is applied to the determination of the employment relationship between the network platform and the worker,certain ambiguities in the definition criteria have appeared,which also caused differences in different regions of similar cases mentioned above.Reason for referee result.In order to solve the problem of difficult identification of employment relationship on the network platform,it is necessary to start with the employment mode and characteristics of the network platform,analyze the difference between the employment relationship on the network platform and the traditional employment relationship,and find out the existing labor relationship recognition standards and the new employment relationship.Does not match.By judging and updating each element in the case,the labor relationship identification standard with "personality as the attribute" as the core is implemented,and the labor classification protection is implemented.In order to expand the scope of protection for practitioners,the network platform can bear the social and legal responsibilities that it should bear in the development process.This article takes the research on the identification of employment relationship on the Internet platform as the topic,and uses the literature research method,case study method,comparative research method and other research methods to discuss the topic.In addition to the introduction and conclusion,it is divided into four parts:The first part is a general overview of the issues related to the identification of labor relations on network platforms.The meanings of the network platform and labor relationship,the network platform employment mode,the characteristics of the employment,and the significance of the identification of the labor relationship of the network platform were introduced respectively,which laid the foundation for the analysis of the identification of the labor relationship of the network platform.basis.The second part analyzes the dilemma of the identification of labor relations on China’s internet platform.Firstly,it summarizes the legislative provisions for the identification of labor relations on the Internet platform in China;secondly,it analyzes the practical situation of the identification of labor relations on the network platform based on practical cases,and finally analyzes the difficulties in the determination of the labor relations on the network platform.The third part introduces the relevant information about the identification of labor relations on the Internet platform,mainly including the United States,Germany,and Japan.The requirements for the United States are mainly through the brief introduction of the "Uber" case,which leads to the standard elements of the United States regarding the identification of labor relations.The introduction to Germany mainly focuses on the amendments to the German Civil Code and the "class employees" related to labor legislation.Introduction;Japan’s introduction is mainly reflected in the provisions on labor relations recognition and legal provisions on non-standard labor relations.Through the introduction of the labor relations identification standards of the three countries,the experience worthy of our reference is summarized to provide a valuable reference for solving China’s labor relationship identification problems.In the fourth part,by combining the aforementioned judicial practice analysis and relevant foreign regulations,some suggestions are made to solve the problems existing in the determination of the labor relationship between China’s network platforms,mainly divided into two aspects:legislation and justice.In terms of legislation,it is necessary to clarify the meaning of labor relations,expand the scope of protection of labor laws,and construct special labor relations based on "economic dependency".In the judicial aspect,we must adhere to the basic principles of protecting the legitimate rights and interests of laborers,construct a scientific labor relationship identification standard,and make a comprehensive judgment of multiple factors in combination with individual cases to classify and determine the labor relationship.In addition,for the identification of the employment contract signed between the network platform and the practitioner,it is necessary to conduct a formal and substantive review on the content and actual performance of the employment contract,and to determine whether it is a labor contract based on the actual performance.