On The Determination Of Labor Relationship Between Internet Platform And Intermediate Laborers

What is a "intermediate laborer",refers to the economic development situation,with the help of a new form of flexible employment to operate in the network,in this form,the laborer through the network platform carrier capture the customer demand information,and sign labor agreement between and the network platform or outsourcing,labor dispatch service for enterprise network platform,of course more on cooperation agreement or contract agreement to try to establish the labor relationship,at the same time,the network platform of the company's management is less.With the development and improvement of the Internet,many entrepreneurship models have been created for economic development,and at the same time,additional ways have been provided for laborers to engage in labor work.Workers are attracted by the superior conditions of the capital owner of the network platform and affected by the factors such as improving their own income,voluntarily "register",upload identity documents,take the qualification examination and comply with the platform regulations on the network platform,so as to obtain the platform's qualification of "order grabbing","order dispatching" or platform display.In just a few years,the number of online contract workers has exploded,which shows that this new form of employment has been favored by the masses,and it is indispensable to the social role.Under the situation of the continuous growth of the sharing economy,the number of online contract platform and online contract workers is bound to grow rapidly.From the original job as a ride-hailing driver to various other fields,such as cooking,nursing,housekeeping,valet driving and so on.Unlike traditional forms of employment,the net work about new form has been out of the pattern of "company + employees",gradually to "platform + individual",closely affiliated relationship between company and employees has gradually towards SongSanHua,individual labor time and place is more flexible,the payment of labor remuneration is more complex,labor resource allocation more liberalisation,however,because of the social development and the perfect legal process is not a concerted,it also has given rise to a lot of concern,for example,the network about platform and network about whether there is a Labour relations between workers,network platform and network covenant between workers how to define the legal position,Whether the determination of the labor relationship between the two parties should adopt the standard mode stipulated by law as the judgment standard.About platform based on network and web about whether there is a focus of the controversy of labor relations between workers,through the demonstration platform and network about labor relations between workers and the traditional employment relationship,the difference between this platform and network about the lack of legislation and standard of labor relations in the process of the judicial referee and differences,and introduces the platform and network about the plight of workers labor relations that,in addition,also introduced China's current relevant theory and experience outside,and the diversified index system abroad how to apply to the case has made an analysis,finally,the network about the cognizance of worker labor relations proposed own view,in order to contribute to its reconstruction.Compared with the traditional labor relationship in the past,the labor relationship between the online contract platform and the online contract workers is weaker in attributes and tends to be closer to the civil contract relationship.However,China's labor legislation does not determine the standard for its identification,and the rules issued by the ministry of labor are too weak to be well applied in the process of judicial judgment.After comprehensive consideration and analysis of different cases in the process of judicial judgment,the author believes that it is extremely urgent to determine the identification standard of online contract labor relations.In the process of labor legislation,it is necessary to adhere to the fact and further refine the identification standard of labor relations to protect the rights and interests of online contract labor.