Research On The Legal Issues Of The Labor Relationship Identification Of "online Appointment Workers"

With the increasingly large group of "network contract workers" under the background of Internet platform economy,the labor forms between them and platform enterprises are diversified and complicated,which makes the traditional standard of labor relations identification lag behind.In judicial practice,the identification results of network contract workers’ labor disputes are confused,the phenomenon of different judgments by colleagues is frequent,and the labor rights and interests of online contract workers cannot be effectively protected.Firstly,this paper takes the basic theory of "network contract workers" as the logical starting point,and expounds the concepts and characteristics of platform enterprises and network contract workers.Secondly,through summing up the labor dispute cases in judicial practice,this paper analyzes the difficulties and reasons in the identification of labor relations among "net contract workers" in China.Finally,the author explores the relevant experiences of different legal system countries in foreign countries on the recognition of labor relations,and explores the new legislative design of the "three-element framework" type in combination with China’s national conditions,and at the same time puts forward feasible optimization suggestions for the protection of labor rights and interests of network contract workers at this stage.