Research On The Legal Protection Path Of "Online Contract"

In recent years,the high-tech such as big data technology and Internet technology in China has been developing continuously.The above technologies have been gradually integrated into various production and life fields in China.At this time,the "network contract" atypical employment mode of "Internet platform + labor subject" emerges.This new employment mode provides new growth impetus for the economic development of our country,and also alleviates the employment dilemma in China.While this new employment mode improves the economic level of our country,labor disputes between "network contract" and platform companies also arise.Because the relevant labor laws and regulations of our country have not made clear provisions on whether the "online contract" and the platform company which are supported by labor contract constitute labor relations,whether the online contract workers can enjoy the labor protection enjoyed by traditional workers has not been agreed in academic and practical circles,but the legal relationship between them is attributed to labor relations The balance between the legal protection of "online contract" and the economic interests of platform companies cannot be found in the relationship between the department or the labor service.Therefore,based on the current situation of labor protection in China,considering the prospect of "online contract labor" mode,referring to the relevant effective practices abroad,the author proposes effective suggestions for better protection of the labor rights and interests of "online contract workers" by law.This paper discusses research on the legal protection path of "online contract" through the following parts:First,the research background and significance of the legal protection of "online contract workers" are discussed,then the research results of the legal protection of "online contract workers" at home and abroad are summarized and condensed.Finally,the research difficulties,innovation points,research ideas and methods of this thesis are explained;Second,according to the relevant labor protection theory,the relevant concepts and characteristics of "network contract workers" are precisely defined.Through the definition of the concept and characteristics of "network contract workers",and then,the background of "network contract workers" is summarized and analyzed based on the research results of relevant scholars.Then,based on the above research results,the legal relationship between "online contract workers" and the platform is analyzed The types and types of "network contract" are summarized and analyzed.Through the above research,we can make a deeper understanding of the new labor mode of "online contract workers",so as to lay a foundation for the research on the legal status and legal protection path of "online contract workers";Third,the analysis and interpretation of the existing labor relationship identification mode in China,the mode of labor relationship identification in China is too rigid,lack of flexibility and diversity,and it is not suitable for the new "network contract" labor model.The current "one size fits all" legal protection mode in China can not provide reasonable protection for "network contract workers";Fourth,the article analyzes the relevant laws and labor protection measures of "online contract workers" abroad.Through the comparison and analysis of the relevant provisions of the United States,Britain,Germany,Italy and international labor organization,and the above provisions and the relevant provisions of China,it will provide inspiration for China to provide legal protection for "online contract workers".Fifth,through the above four research conclusions,the thesis provides relevant suggestions on the legal status and legal protection path of "network contract workers",which can be divided into three parts: one is the elements of expanding and identifying labor relations: the second is to add the intermediate labor subject;the third is to classify and protect the "network contract workers".