Study On Legal Relationship Of Employment In Sharing Economy

With the vigorous development of "sharing economy",and "platform" + "individual" mode of employment,more and more flexible and diversified jobs are come into being.This circumstance reshaped the labor relations,aggravated the non-standardization of labor relations.With a large number of workers joining "sharing economy",the legal problem of employment relationship under the new model is triggered.At present,our scholars pay close attention to the theory of "sharing economy" and carry out a great deal of research on the characteristics,development and influence of "sharing economy".However,the study on the changes of employment relationship under the sharing economy and the labor dispute brought by it are still very scarce.Therefore,this paper takes the employment relationship under the sharing economic model as the research object,aiming to make suggestions for the employment relationship identification,to make up for the deficiency of relevant theoretical research in our country and to promote the healthy and orderly development of the sharing economy in China.This paper comprehensively uses the empirical research method,comparative analysis method,and semantic analysis method,and takes the legal issues of employment under the sharing economy as the research object.Starting with an overview of the sharing economic model,this paper discusses the concept,characteristics,and relationship between the platform and the individual.Two types of workers are listed here,one is full-time worker who provides services for only one platform,the other is part-time worker or worker who services for different platforms.Through analyzing and reorganizing the criteria and the results of the adjudication of the relevant cases,the author finds out that there are controversial controversy over the employment relation under the sharing economy and there is no unified standard.Then,the author makes a contrastive analysis of different viewpoints of theorists.However,in the sharing economy,the legal relationship of labor has complicated characteristics.So no unified conclusion has been reached.On the basis of studying the domestic and foreign scholars’ opinions and the judgments of related cases,the author thinks that the employment relationships sharing in economy should be judged according to different situations.For full-time workers,if there is a more obvious subordinate between the worker and the platform,the protection scope of the labor law need be expanded appropriately,and the standard of employment relationships should be formulated more clearly.Also,the judicial personnel should be allowed to be more flexible in the actual situation.This ensured that there was a dynamic sign of the labor relation determination.If the worker works part-time or serves multiple platforms at the same time,he can be set as a special intermediate,and a special chapter need set in the labor law framework to provide special protection.Of course,it should still be recognized as labor relations if he works only occasionally or if the sustainability is very low.