| The rapid development of Internet platform economy has led to a series of new occupations,such as online car drivers,food delivery workers,errand runners,shared chefs,etc.Based on the development of platforms,great convenience has been generated in daily life,and a large number of surplus labor force has been solved for the society in terms of employment.But at the same time,written law has lag and self-inadaptability.When new affairs appear and develop rapidly in the society,law cannot provide timely and effective solutions to problems in practice.Therefore,In our labor law,the traditional recognition standard of labor relations based on the judgment of attributes and the protection system of labor rights based on the recognition of labor relations are facing serious and urgent test.In judicial practice,the traditional way of identifying labor relations is still adopted at present.This emerging group of platform employees is facing the dilemma that labor relations are difficult to identify and labor rights and interests cannot be fully protected.The contradictions between the platform employment group and the network platform occur frequently.How to give the platform employees due labor security within the framework of the legal system has become an urgent problem to be solved.In this paper,the typical cases of the dispute over the determination of labor relations among the platform employees are used to trigger thinking and lead to the current dilemma of the determination of labor relations and the protection of rights and interests of this group.Finally,it is proposed to actively explore and promote the triad of labor relations identification and establish similar workers;Optimize and innovate the social security system to untie social insurance and labor relations;Strengthen the supervision of the network platform,strengthen the main responsibility of the platform.Take multiple measures to protect the labor rights and interests of platform employees,so as to promote the healthy and sustainable development of new business forms. |