The Definition Of Sharing Economic Labor Relations And The Legal Optimization Path Of Related Dilemmas On The Network Platform

In recent years,the sharing economy of online platforms has developed rapidly and has become an important component of the national economy.The employment model under the platform economy has had an impact and challenge on the traditional labor relationship definition model due to its flexibility in employment and the concealment of labor control.The lagging nature of the law makes it difficult to effectively regulate chaos,seriously endangering the rights and interests of workers,and puts forward an urgent desire for solutions to protect workers.On the basis of existing research,this article analyzes the legal and practical difficulties in defining labor relations,and divides them into three stages based on the development characteristics of the sharing economy:initial stage,stable stage,and monopoly stage.It points out their respective development situations and corresponding scholars’ attitudes towards them,reveals the general trend of using new methods to protect workers in the new situation,and analyzes the nature of platform work and the harm of disorderly expansion of platform capital,The rationality of protecting workers by confirming the existence of labor relations is demonstrated,and corresponding specific measures and key points for solving the plight of workers are proposed.This article believes that as online platforms become monopolistic and their drawbacks gradually manifest,it has gradually become a trend in the academic community to establish labor relations based on the employment model of online platforms.At present,there are the following difficulties in the sharing economy of online platforms:firstly,platform workers are subject to control and oppression no less than traditional workers,but they do not receive the necessary protection,and are regarded by the platform as having no labor relations to evade employer responsibilities;Secondly,platform workers are in a disadvantaged position and have difficulty in realizing their rights to data generated by their own labor;Thirdly,the disorderly expansion of network platform capital giants has harmed the industry environment and social interests.The author believes that online platforms are the workplace for workers,and workers still do not have true work freedom.Online platforms have achieved comprehensive "implicit" control over workers.Relying on the standards for regulating labor relations can to some extent curb the disorderly expansion of capital.The author points out that the criteria for determining labor relations under the sharing economy should be clearly defined,and specific standard suggestions have been provided;The burden of proof for the establishment of labor relations should be reversed to restore the balance of power between labor and management;The National Data Administration should take the lead in establishing a database,clarifying rights and responsibilities,and establishing systems;The government should subsidize workers to establish industry communities and forums,provide them with communication platforms,help them establish trade unions according to the industry,and restore workers’ organizational strength;Clarify the fundamental obligations that online platforms should bear under non labor relations,enable workers to realize their rights to data,and establish a system for rights relief.