Research On The Employment Relationship Of Online Trading Platform In The Sharing Economy

With the development of Internet technology,the sharing economy emerged.The sharing economy is used as the medium of the Internet,which separates the ownership of the product from the right to use and realizes the sharing of the right to use between the supplier and the demand side.The sharing economy has continued to develop,and it has begun to affect various fields.As a result,major changes have taken place in China's employment relationship.In the era of sharing economy,the characteristics of the employment relationship of the online trading platform have quietly changed,and a new mode of "network trading platform + individual”has emerged.Because the sharing economic model has created a looser employment pattern from the attribute,the job independence of the employment subject is relatively high,on the other hand,the employment subject is also faced with a certain employment risk.Because the standards for the identification of traditional labor relationship in China have a certain degree of ambiguity and rigidity,and the new labor relationship that rely on the online trading platform to provide labor services have new features under the sharing economy,so whether the new type of employment relationship ought to be identified as labor relationship in the court decision,different results have been identified.The typical representative is the emerging net car service industry,where disputes have arisen over the definition of legal relationships between car pilots and online booking platforms.Because the new employment mode cannot be determined by applying the current standards for the determination of labor relationship in China,the current system of protection of labor relationship cannot guarantee the legitimate rights and interests of new forms of employment.From the perspective of promoting' flexible employment and safeguarding the rights and interests of workers,no matter whether rising types s of employment are recognized as labor relationship or service relationship,there is no way to reflect the advantages of the sharing economy,and it is impossible to provide appropriate protection for new types of employment.The most appropriate protection.Therefore,this article holds that the best way is to establish the intermediate subject such as economic dependent labor service providers between labor relationship and service relationship.It will be included in the framework of labor law,protection,and be provided for professional protection,' such as social security,economic income security and so on.