| The new problems in the field of online platform employment are prominently reflected in the employer’s responsibility.There are different views on the employer’s responsibility in the employment relationship of online platform in both theory and judicial practice.Firstly,this thesis clarifies the concept of employer responsibility in the employment relationship of network platform.The employment relationship of network platform is the basis for studying the employer’s responsibility in the employment relationship of network platform.Therefore,a detailed analysis of the nature and characteristics of the employment relationship of network platform lays a foundation for the following research on the employer’s responsibility in the employment relationship of network platform.Combined with court sort out our country network platform in labor relations employer liability law regulation status: network platform in the labor relations of legal regulation of the employer liability status,network platform in labor relations in the relationship of legal regulation of the employer liability status,network platform in the employment the employer responsibility present situation of legal regulation of the labor relations.In this context,the main problems existing in employer responsibility in employment relations of online platforms are pointed out: it is difficult to identify the employer subject in employment relations of online platforms,and the responsibility of the employer in employment relations of online platforms is attributed to the employer.Combined with the experience of employer responsibility in employment relations of online platforms abroad,it provides a path for the development of identification standards in China.This paper takes the employer’s responsibility in the network employment relationship as the research object.The employer’s liability system already has relatively mature legal norms in the current legal system,but the existing employer’s liability adjustment is mainly the responsibility bearing and distribution of the employer under the traditional employment relationship.In the context of network employment,on the one hand,it is difficult to fix the employment relationship through the existing legal system of labor relations;on the other hand,even if the legal relationship of network employment can be defined through the analysis of quasi-employment system or legal theory,the existing employer’s responsibility is difficult to be directly grafted into the network employment background.The main body is divided into four chapters and three levels to discuss the employer’s responsibility in the employment relationship of network platform.The first level,as the foundation,consists of the first chapter.This part first expounds the basic concept of employer responsibility in the employment relationship of network platform.Then it discusses the relevant basic theories of network platform employment relationship,mainly including the nature of network platform employment relationship and the characteristics of network platform employment relationship.The second level,as the main body of the article,consists of chapters two to three.This part mainly analyzes and comments on the legal application of employer’s liability in the employment relationship on the network platform and the existing problems.The second chapter is the legal application of employer’s liability in the employment relationship on the network platform based on the summary of court judgment documents.The third chapter focuses on the main problems existing at present by combining the author’s research in practice and the academic controversy.The third level,as a summary,consists of the fourth chapter,which mainly improves the employer’s responsibility in the employment relationship of China’s network platform in combination with foreign regulations and the actual situation of the employer’s responsibility in the employment relationship of China’s network platform. |
