Legal Research On Labor Relationship Identification In Network Platform Employment

Along with the development of the "Internet+",can be flexible configuration of idle resources sharing economy arises at the historic moment,"network platform+individual" the new pattern of employment is a prominent manifestation of Shared economy,this article expounds the labor relationship that is specifically to network platform in the labor relationship between service provider and the platform between conforms to the traditional labor relationship and adjust the labor relations between civil law,because the relationship is only partly conforms to the standard of standard of labor relations,the two relations as a labor relationship is relatively narrowly,if the relationship between the two sides identified as labor relations,It is hard to protect the rights of long-term Labour providers who take this as their work.This paper to the traditional labor relationship and in sharing the labor economy under the new forms of network platform for simple,the enterprise is "Internet+"network platform combined with traditional industry conditions,enhanced platform service providers in the autonomy and flexibility of employment,the relationship between the two relative to the traditional characteristics of labor relations in the new relationship of difficulty is also increase,the judge in the judicial practice for the trial of such cases will be according to the rule of law as well as their understanding of the properties for comprehensive discretion,often occurs in connection with different situation.In the analysis of China's labor relationship recognition standards can be divided into the form of the labor relationship recognition standards and substance of two kinds,the former is based on the written labor contract signed by the employing unit and workers,the latter is when the labor contract does not exist according to the provisions of the "notice" from the subject qualifications and attributes of the labor parties to judge.Specified in the "notice" to the facts of labor relations need to meet the "three simultaneity",was born in the properties of the era of large factory rules are not adapt to the new type of labor relations,to rely on the platform to provide services and for a price,long-term service provider,not to be identified as labor law in the sense of laborer its rights cannot be protected by labor law,will not only increase the platform of litigation cost but not conducive to the construction of a harmonious social relationship,based on this the paper will be combined with the problem of labor relationship standards in our country put forward the feasibility of perfecting suggestion.