On The Legal Application Of Employment Disputes On Internet Platform

In the internet plus era,the integration of traditional industries and the Internet has deepened continuously,which has promoted the transformation and upgrading of industries,accelerated economic development and spawned more than 70 million platform labor service providers.Whether there is a labor relationship between the platform service provider and the platform company has always been a hot topic in the society.The identification of labor relations is not only related to the protection of workers' rights and interests,the survival and development of enterprises,but also related to the stable operation of market economy and social stability.Platform labor service providers are mainly divided into two categories: platform companies' own employment and platform network users' employment.The personnel employed by the platform company itself are relatively fixed,such as property personnel and management personnel within the company.Such personnel have strong subordination to the personal,property and organization of the company,so they should have labor relations with the company.There are few labor disputes between such personnel and the company,which is beyond the scope of this article.The employment of platform network users is also called "network contract workers".This article focuses on the network contractors with strong economic subordination and weak other subordination to the platform company.There are many disputes on the relationship between such personnel and the platform company.Under the environment of Internet platform,the employment mode and employment characteristics of enterprises have changed obviously.The employment methods are more flexible and diversified,the forms of payment of labor remuneration are more free,the subordination between workers and employers is gradually weakening,and the platform labor service providers no longer have the complete identity of "laborers" in the sense of labor law.Under the current rigid labor relations recognition standard and the dual protection mode of the traditional labor law,a large number of labor service providers are difficult to obtain the appropriate protection of the labor law.In order to realize the goal of protecting the basic rights and interests of labor service providers,considering the economic bearing capacity of enterprises and promoting the stable development of the Internet economy,the author proposes to break the dual protection system of the current labor law and properly protect platform labor service providers,starting from both legislative and judicial aspects.In legislation,an intermediate labor protection system should be established to provide preferential protection to platform labor service providers with stronger economic subordination and other weaker subordination.In judicature,we should change the thinking of the trial,pay attention to the substantial examination of subordination,and properly identify labor relations with leniency.At the same time,reform the social security system,decouple social insurance from labor relations,improve the working methods of trade unions,and clarify the main responsibilities of platform companies.This paper is divided into six parts with the topic of the study on employment relationship identification and rights protection of Internet platforms.The first part expounds the development status of labor service providers in the employment relationship of the platform,laying the groundwork for the following discussion.The second part discusses the problems existing in the identification of employment relationship and the protection of rights and interests on the platform.Based on the new features of the platform employment relationship and the identification standards of the current laws on the labor relationship,this paper summarizes the main problems existing in the identification of the platform employment relationship and the protection of rights and interests in China.At present,the existing standards for determining labor relations are difficult to cover all platform labor relations.In judicial practice,different judgments are frequently made on the same case,and the protection of the rights and interests of platform laborers fails due to the inability to determine labor relations.The third part is mainly based on the current labor law and the traditional subordination principle,analyzing the causes of the problem.At present,the main reasons for the problems in the identification of platform employment relations and the protection of rights and interests in judicial practice are that the labor legislation lags behind the social reality,that the thinking of labor relations is outdated,that the protection of workers' rights and interests is based on labor relations,and that the Internet supervision department lacks experience.The fourth part introduces the processing mode and judgment thinking of overseas countries on the platform employment relationship.The civil law system takes Germany as an example,and the common law system takes the United States as an example.In the recognition of the employment relationship and the rights and interests protection system of the United States and Germany,the system design of the third category of workers,the relatively broad recognition standards and the expansion of the rights of the third category of workers have certain reference significance for our country.The fifth part discusses the value and significance of identifying the employment relationship of the platform.At present,there are some problems in the recognition of platform employment relationship in our country.The rights and interests of platform labor service providers need to be protected urgently.It is necessary to recognize the platform employment relationship.China already has the legal basis and objective basis to identify the employment relationship of the platform,and it is feasible to identify the employment relationship of the platform.Recognizing the employment relationship on the platform can protect the basic rights and interests of platform labor service providers,coordinate the interests between platform enterprises and workers,and is conducive to the stable development of the economy,which has many practical significance.The sixth part discusses the suggestions on the confirmation of employment relationship and the perfection of rights and interests protection in China's platforms.In the long run,China should change the "dichotomy" pattern of labor relations identification and establish an intermediate worker protection system to provide legal protection for the rights and interests of platform service providers.In the short term,the basic rights and interests of platform labor service providers will be protected by changing the trial thinking,decoupling labor relations from social insurance,improving the form of trade unions,and clarifying the main responsibilities of the platform.