Practical Identification Of The Labor Relationship Of Internet Platform Employment

Compared with traditional employment,Internet platform employment shows new characteristics of labor patterns,and China has not yet had clear legislative regulations on the identification of labor relations on Internet platform employment.Correspondingly,the labor relationship identification on Internet platform employment in judicial practice has been increased accordingly.Difficulty.This paper analyzes the 48 referee documents and finds that there are problems such as the improper application of judgement elements in China's current judicial adjudications,as well as the limitation of traditional labor relations recognition thinking.In fact,“labor remuneration”,“appearance factors”,“signed agreements”,“working place”,and “working hours” and other commonly used judgment elements in judicial rulings do not have separate determinations that determine whether the labor relationship on the Internet platform is established or not Features.In practice,the identification of labor relations on the Internet platform should not be limited to the traditional thinking of labor relationship identification.It should be combined with the characteristics of the Internet platform employment,and pay attention to the substantive examination of attributes and a comprehensive inspection of the factors.It is hoped that China's judiciary can maximize the unity of legal cognition and social cognition,legal effects and social effects under the existing system conditions.