Labor Relations And Legal Status Of Online Platform Workers

With the penetration of the Internet into life,there are more and more online platform employment situations.In this context,the traditional labor relations theory has encountered great challenges.The concept and judgment theory of traditional labor relations are based on the factory labor relations in the industrial era,emphasizing the personality dependent and economic dependent.At the same time,the traditional concept and judgment standard of labor relations have strong flexibility and adaptability.The employment situation of online platform with many new characteristics is not completely outdated,and it can still contain the employment relations of online platform.However,the traditional method of determining labor relations needs to be improved to a certain extent to adapt to the new characteristics of online platform employment.For the determination of employment labor relationship of online platform,it can not be fully based on the traditional labor relationship recognition theory for mechanized judgment,but should be based on the characteristics of different cases,combined with the different online platform,different types of workers,different actual employment mode and the necessity of social protection and other factors to consider comprehensively,and the case should be analyzed specifically,which should be more We should pay attention to the subordination of substance.From the perspective of protecting the interests of workers,reshape the recognition standards of labor relations on the online platform.When dealing with specific online platform employment cases,it is necessary to investigate whether the employer has substantial influence on the workers,and assume the establishment of labor relations in combination with the personal,economic and organizational subordination between the workers and the employer;when there are some significant elements that cannot be identified as labor relations,then deny the establishment of labor relations.To judge the employment labor relationship of online platform,we should balance the interests between the platform and workers reasonably,which can not hinder the normal operation and development of the platform,but also effectively protect the legitimate interests of workers...