Research On The Relationship Between Online Employment

With the increasing development of Internet information technology,the sharing economy with Internet as the medium has also achieved a leap from sharing economy1.0 to sharing economy 2.0.The development of shared economy not only promotes the development and innovation of China's economy,but also enlivens the labor market,providing a large number of jobs and employment opportunities for the broad masses.Under the background of the information age,employment through the Internet has shown some new features,gradually forming a new form of employment that is different from the traditional labor form of "enterprise+individual" and is mainly manifested as "platform+individual".Under the Internet era,online contract employment has become a major form of employment in the current era.While online contract employment is developing,it inevitably brings some social problems.There is no clear standard for defining the legal relationship between the network platform and the network contractor,and the provisions on the rights and obligations between the two parties are not clear enough,which makes it easy for the legitimate rights and interests of the network contractor not to be effectively protected.How to identify the employment relationship between the network platform and the network contract workers and whether the judgment standard of traditional labor relationship can be applied have been controversial in the theoretical circle and judicial practice.Because there is no clear standard,courts and arbitration agencies in all regions of the country have different opinions on the determination of employment relationship when dealing with related cases,and the results of judgment are also different.This article mainly takes the selling platform as an example,because there is no clear standard to define the legal relationship between the selling platform company and the selling rider,and the provisions of the rights and obligations between the two parties are not clear enough,it is easy to make the legitimate rights and interests of the selling rider not be effectively protected.How to identify the employmenrelationship between the takeaway platform company and the takeaway rider and whether the judgment standard of traditional labor relationship can be applied have been controversial in theory and judicial practice.Because there is no clear standard,courts and arbitration agencies in all regions of the country have different opinions on the determination of employment relationship when dealing with related cases,and the results of judgment are also different.This article analyzes the relevant cases in judicial practice,and analyzes the different judgments formed by the courts when trying the relevant cases.Secondly,it introduces the standard theory of labor relations and the different views on legal relations of network employment in theory.Finally,it is hoped that through the analysis method of employment relationship in the foreign sales platform,suggestions can be put forward for the determination of legal relationship in China's online employment forms.