| With the booming development of sharing economy and platform economy,the scale of platform practitioners and participants is further expanding.At the same time,the innovation of technology and the use of algorithm make the platform employment method and employment system change,which is very different from the traditional employment relationship.It is worth rethinking whether the traditional labor law theory formulated in the Great Industrial Age can continue to be used in the Intelligent Age.Theoretically,the questions of whether platform practitioners and platform enterprises constitute labor relations,whether the traditional subordination standard can be applied to platform practitioners,whether "the labor dichotomy" is outdated,how to protect the rights and interests of practitioners,and how to balance the interests of platform enterprises and practitioners become critical.In judicial practice,the determination of labor relations of platform practitioners fall into difficulty,the protection of labor rights and interests of employees also has problems.These issues not only concern the rights and interests of platform employees,but also closely related to the harmony and stability of labor relations,which profoundly affects the sustainable development of platform economy.This paper takes the protection of rights and interests as the starting point,firstly elaborates the sharing economy,then analyzes the characteristics of labor relations in the sharing platform,so as to clarify the influence and impact of the sharing economy on the traditional labor relations.Next,it analyze the concepts related to the employment relationship of the sharing platform,and sort out the legal regulations related to the employment relationship of the sharing platform.At the same time,it analyze the problems that arise in the protection of labor rights and interests of workers in sharing platforms,so as to clarify the necessity of rights and interests protection.It analyze the cases of typical delivery platform employment in the sharing economy model from the perspective of location,year,and claims,so as to draw insights.On this basis,it focuses on the problems of unclear employment subjects,difficult to judge the legal status of practitioners,difficult to define the nature of employment relationship,scenario-based labor relationship determination,and widely divergent understanding of factual circumstances in the determination of labor relationship in the sharing platform employment,and analyzes the reasons behind the problems.In view of the aforementioned problems,it propose corresponding countermeasures to clarify the main subjects of labor employment on the sharing platform by urging enterprises to implement their main responsibilities and strengthening the obligation of information disclosure on the platform.By expanding the scope of application of labor law and reasonably determining the rights and obligations of both parties to promote the standardization of labor contracts on platforms.Based on the principle of protecting workers’ rights and interests,and clarify the criteria for determining labor relations of the sharing platform employment,so as to clarify the nature of platform employment relations.By constructing an occupational injury protection system,constructing labor benchmarks suitable for the sharing platform employment,bringing into play the functional role of labor unions and improving the collective bargaining system,thereby expanding the scope of labor rights and interests protection.Issuing guiding cases and trial white papers on the determination of labor relations for the sharing platform employment to provide practical guidelines for judicial decisions.In this way,we can strengthen the protection of the rights and interests of workers in the sharing platform,balance the flexibility and safety of the labor market,promote harmonious and stable labor-management relations,and promote the orderly,standardized and healthy development of the platform economy. |
