Study On The Identification Of Labor Relations Under The Platform Economy

Platform economy has become an important new economic form in China.Emerging employment methods under the platform economy emerge one after another.The development of the platform economy has changed the employment characteristics of traditional enterprises.The autonomy and flexibility tend to be obvious,the trend of liberalization of means of production ownership is obvious,and the way of obtaining labor compensation for online workers is sophisticated,labor time and workplace tend to be autonomous.Platform enterprises use algorithms and procedures to hide the organization and management of online contract workers,and try to labor relations by signing civil agreements such as cooperation and contracting with online contract workers,which makes the identification of labor relations under the platform economy face great challenges.The standards for the identification of labor relations in China are divided into substantive standards and formal standards.The former is written labor contracts,employee rosters,wage payment records,etc.,and the latter is judged from the perspective of subject qualification and attribute according to the provisions of the notice on matters related to the establishment of labor relations.The regulation was issued in 2005.The subordination theory produced in the era of large industry has begun to loosen and can not adapt to the new employment relationship,resulting in different judgments on the determination of labor relations under the platform economy in judicial practice.If strictly in accordance with the provisions of the notice,platform enterprises and online contract workers are difficult to be recognized as workers and employers in the sense of labor law;The notice requires that the three standards need to be met at the same time to be recognized as labor relations.The formal investigation ignores the diversity and complexity of employment relations in the platform economy,The subordination of the employment relationship of the platform economy is weaker than the labor relationship but stronger than the labor relationship.Under the dual protection framework adjusted by labor law and civil law in my country,it is difficult to obtain special protection of labor law because it does not conform to the characteristics of labor relationship.It is difficult to maintain the rights of online contract workers when it is classified as a labor service relationship,and the rights and interests of online contract workers are in a vague area;The allocation of burden of proof in labor dispute cases is not very maneuverability,and the “adverse consequences” that the employer should bear is general,which is not conducive to the protection of the legitimate rights of the online contract workers.Facing the dilemma of labor relations identification under the platform economy,it is urgent to explore new solutions,which not only protect the legitimate rights of workers,but also have an effective incentive effect on platform companies.First of all,we should clarify the concepts of employers and laborers;secondly,we should reconstruct the standards for identifying labor relations.On the basis of learning from the exploration experience of developed countries,my country cannot use a one-size-fits-all approach to the characterization of labor relations in the platform economy.The strategy is more in line with the reality of our country.Creating a quasi-pull relationship between labor relations and labor-service relations,and including platform economy practitioners,is a promising path to relief.Based on the platform’s economic background and actual needs,the boundaries of quasi-labor relations are delineated,and personalized protection is provided for online workers that is higher than that of self-employed workers but weaker than that of typical workers.Finally,Establishing the "presumptive" identification principle.When the court handles labor dispute cases,if the laborer submits preliminary evidence of being employed by the platform company,the court should presume that there is a labor relationship between the two parties.The platform enterprise should provide evidence one by one according to the standards for determining the labor relationship.If the platform enterprise cannot provide evidence,it should bear the adverse consequences of the court finding that there is a labor relationship between the two parties.The identification of labor relations under the platform economy should take into account the value of fairness and efficiency,and build a Chinese governance model that adapts to balance the development of the platform economy and the rights and interests of online workers.