On The Identification Of Labor Relations And Protection Of Rights And Interests Of Internet Platform Workers

With the continuous advancement of Internet technology,an economic model that optimizes the allocation of social resources has emerged-the sharing economy.As a manifestation of the sharing economy,the employment model of the Internet platform breaks the close subordination relationship in the traditional labor relationship and is a new type of employment model.While promoting the economy,this new type of employment has triggered a series of labor disputes.The theoretical circles have many differences on whether Internet platform workers can be recognized as traditional workers,these differences are in the final analysis to protect the rights and interests of Internet platform workers.Regardless of whether it is included in the scope of protection of the labor law,or directly recognized as a labor relationship,it is not conducive to protecting the rights and interests of such practitioners,and will also hinder the sustainable development of the social economy.Therefore,this article is based on our country’s labor relations legislation and judicial status and the protection of labor rights and interests of Internet platforms,combined with the identification of labor relations and the characteristics of labor relations in the Internet environment,based on foreign countries’ identification and protection of rights and interests of such workers on Internet platforms.This paper put forward suggestions on the protection of the rights and interests of our country’s Internet platform workers.This article discusses from four aspects.The first chapter selects the case of "Zhou v.Shanghai Lazars Information Technology Co.,Ltd." as the entry point.The reason why this case has a typical representative is that the court made diametrically opposite judgments on whether there is a labor relationship between the two parties in the first instance and the second instance.By summarizing the focus of controversy in specific cases and summarizing the judge’s judgment and reasoning,it lays the foundation for the following research on the identification and deficiencies of labor relations in the Internet environment.The second chapter focuses on the analysis of the status quo of the identification of labor relations on the Internet platform and the protection of rights and interests.After analyzing the identification standards of labor relations in our country,laws and regulations,and the status quo and problems of labor relations identification in judicial practice,It is pointed out that just because the identification of employment on Internet platforms is more complicated than in the past,the traditional theory of subordination to identify labor relations should not be considered outdated.The research on the identification of labor relations in the Internet environment is to protect the new forms of labor and employment,and pointed out the current problems in the protection of labor rights and interests of Internet platforms in our country.The third chapter mainly introduces the exploration and reference of the nature of the employment of Internet platforms in foreign countries.It specifically introduces the relevant identification standards or processing methods of the United States,Britain,Germany,and Japan,and analyzes the advantages and disadvantages of these standards or processing methods,and explores whether our country can learn from these extraterritorial experiences.The fourth chapter is the protection plan for the employment rights of Internet platforms.On the basis of the first three chapters,combining the more advanced and perfect practical experience of foreign countries with the actual situation of our country,proposes to protect the employees of our country’s Internet platform workers:Under the concept of balance of interests and inclined protection,intermediate protection entities and corresponding safeguard measures are established to realize the protection of such practitioners.