Labor Disputes Of Internet Platform Workers And Institutional Regulations

In August 2018,the National Bureau of Statistics released the "Statistical Classification of New Industries,New Business Formats,and New Business Models（2018）",clarifying that Internet platform enterprises are an important part.Two issues arise.First,the structure of "platform + practitioners + operators + consumers" complicates the identification of labor relations,and platform practitioners lack labor rights;second,China’s labor system is tied to the social security system,resulting in unclear labor relations.Practitioners lack social security.The current problem is not just to judge whether this mode of employment is a labor relationship,and a reasonable system should be formulated.The first chapter of this article analyzes the employment modes of various types of platform companies such as "online car","takeaway",and "courier",and summarizes the characteristics of Internet platform companies.Emphasizes the contradictions and conflicts of labor-management relations under the two modes of "crowdsourcing" and "outsourcing";then,through four typical cases of labor disputes on Internet platform enterprises,the differences between labor disputes on Internet platform enterprises and traditional enterprise labor disputes are summarized.This particularity is manifested in many aspects such as the relationship between the two parties,the form of labor,and the method of calculating salary.In Chapter Three,the reasons why the current labor law is difficult to deal with these new labor relations are discussed,and it is believed that they are mainly caused by three levels of reasons.First,the labor law produced under the environment of large-scale industrial production is difficult to adapt to the rapid development of the tertiary industry.Second,the current labor law in China does not directly and accurately stipulate the standards for identifying labor relations.The main basis for adjudication is still The departmental regulations more than a decade ago are difficult to operate in practice.Third,China’s labor system and social security system are tied to each other,which affects the whole body and increases the difficulty of implementation.In the end of this article,China’s labor system and social security system interact with each other.Based on the basic facts of the binding,the system conception was based on protecting the rights and interests of workers and building a harmonious society.