Research On The Identification Of Labor Relations In The Internet Platform

The advent of the Internet era not only brings convenience for consumers to buy labor services,but also opens a diversified era of labor employment.The vigorous development of platform enterprises has spawned a large number of flexible employment posts,resulting in the doubling of the number of online contract workers.The labor relationship between workers and employers,as the basic relationship of society,is very important for the long-term stability of a society and even a country.At present,because there is no unified and clear identification standard of labor relations in China’s labor law and labor contract law,the traditional subordination theory has been used for judgment and research.The emergence of new labor employment methods such as online contract workers is obviously no longer suitable for the original "one knife" identification standard.In addition,in judicial practice,there are many labor dispute cases caused by the identification of labor relations between online contracting and platform enterprises,and the cases of different judgments in the same case are increasing.However,the weak party of online contracting as the employment relationship can not get the due protection of legal rights and interests.Determining whether workers and platform enterprises constitute labor relations is the source of contradiction in labor dispute cases.Therefore,the formation of a standard identification model is an urgent problem to be solved.The author believes that under the Internet platform economy,the intention of labor legislators is to balance and coordinate the relationship between labor and employment,and to seek rapid development of the platform economy while protecting the labor rights and interests of online contracting groups.In view of this,the problem that online job-hailing workers are still unclear in the identification of labor relations needs to be solved urgently.This paper focuses on the labor relations of online contract workers in the Internet platform,analyzes the national conditions and foreign systems,and puts forward corresponding suggestions on the protection of the rights and interests of online contract workers.The whole article is mainly divided into four parts: the first chapter mainly describes the relevant concepts and contents of the identification of online labor relations,and understands the current situation of the identification of online labor relations in China and its impact on the identification standard of traditional labor relations;The second chapter selects typical cases,combined with judicial practice,mainly expounds the difficulties and causes of online contract workers in identifying labor relations,including the single traditional identification standard does not meet the actual needs,the absence of the labor rights and interests protection system of new labor groups,and so on;The third chapter mainly analyzes the identification standards of online labor relations in countries represented by civil law system and Anglo-American law system,combined with the current situation of online labor relations in China,and draws lessons from useful ideas;The fourth chapter discusses the relevant countermeasures and suggestions to improve the identification of online labor relations in China,build a ternary framework identification system,strengthen subordination and recognize diversified characteristics.In judicial practice,we should form a unified recognition standard and publish official cases.In addition,legislation should also strengthen the social security of new labor groups of online contract workers and improve the awareness of platform responsibility.