A Study On The Disguised Employment Relationship From The Perspective Of Sharing Economy

A disguised employment relationship is an act aimed at hiding or distorting the employment relationship by covering it up with another legal cover or by giving it another form of work that gives workers less protection.Under the background of Internet sharing economy,the main research object of this paper is the active labor groups exploited by disguised employment in platform economy,most of them are engaged in the service industry,and there are more or less management and managed relationship between the platform enterprise and the workers.The workplace,the working time is relatively free,the working time,the place and the time length have the potential unpredictability.Workers accept the task from platform enterprise,at the same time also pay the general expenses to them.There is a clear difference between the traditional employment relationship and the sharing economy in which the flexibility and flexibility are more obvious.Some Internet platform enterprises wantonly evade the liability of employers in various ways.Moreover,due to the rigidity of the current labor relations standards,there are many differences on such cases in practice.In terms of writing arrangement,the author first puts forward the question in the first part,that is,what kind of regulation path is suitable for different types of disguised employment.The second part will focus on the type analysis of disguised employment relationship.In order to regulate covert employment,the third part focuses on foreign countries,and summarizes and analyzes two main forms of regulation:establishing multi-element employment relationship identification standard and setting up intermediate subject.In the fourth part,first of all,to cover up the employment relationship with civil relations,the author thinks that we should introduce the multi-element identification standard on the basis of "the first principle of fact",in order to realize the screening of disguised employment.For Cover up a standard employment relationship with a non-standard employment relationship,in view of the fact that labor dispatch is the most commonly used way,i think that a labor dispatch law should be formulated to regulate labor dispatch properly and clarify the responsibilities of labor dispatch parties without affecting the vitality of the market.The motivation of covert employment can be eliminated to a certain extent.