Labor Relationship Recognition Under The "INTERNET+" Platform Model

Platform-driven social production has changed the network economy and the rapidly changing information model.The third industrial revolution,which depends on the shared economy and distributed manufacturing,will focus on Internet technology.Few people will disagree with the Internet platform in modern society.The central position of the platform,the platform as a key starting factor,its importance is not only reflected in the results of the current role,but more importantly its role in the future economy.Platform enterprises have created a new employment model,which has effectively improved the efficiency of the use of social idle resources.However,there are irregularities in the management and employment relationships of network workers.The development of the new economic form has changed the organizational model and production mode of the labor force,and put forward new requirements for the identification and regulation of labor relations,which requires the labor legal system to respond.The identification of the employment relationship in the sharing economy needs to be flexibly judged according to specific criteria and using the theory of attribution.Under the system of respecting the current law,the laborers are protected as a vulnerable group to protect their basic rights and interests,and the sharing of the economy and the protection of labor rights are activated.Achieve harmony and unity.Under the influence of the platform operation management strategy,when the law is not involved and the law is not clear,the conflict of rights between the two will occur.The relationship between the two needs to be judged according to the attributes of the case,depending on the explicit The specific judgment indicator of the attribute.It is determined that there is labor relations to obtain work injury protection,wage protection and other social security.On the contrary,laborers will be hard to be "disregarded" by the labor law.In practice,in the treatment of labor relations,individual cases often adopt the "all or nothing" legal rules,relying too much on the traditional rigid structural elements,while ignoring the consideration of substantive issues.Assuming that doing things in strict accordance with the law is to act in strict accordance with theprovisions of the law,we will find that this may not be reasonable in itself.For the sharing economy,the research is mainly concentrated in the background of developed economies,while the less concerned China represents the fast-growing emerging markets of platform enterprises.For the management and protection of platform practitioners whose personality is weak but has strong economic dependence,some western countries have accumulated relevant theoretical and legal practices,which provides a reference for solving the dilemma of identifying labor relations in current judicial practice.This paper selects the typical case of civil disputes in the network as the entry point of the study.By summarizing the controversial focus of the specific case and analyzing the judgment part of the judge,the legal labor relations between the subjects is qualitatively discussed and discussed under the "Internet +" mode.How to identify the relationship between platform companies and employees.The connotation of labor relations with the development of the platform economy has increased the difficulty of its identification in practice.By analyzing the legal meaning and identification status of traditional labor relations,combined with the impact of the "Internet +" new employment model on the typical labor relationship identification theory,it expounds the significance of determining the labor relationship and expanding the protection scope of labor relations to protect the rights and interests of the network workers.Importance,and then lead to the author's original intention.This paper aims to explore the form of labor employment between platform companies and practitioners under the "Internet +" model,and whether a new sub-attribute standard should be constructed for platform practitioners so that current labor law theory can better play its role.Some regulatory effects.