Research On The Nature Of Employment Contract On Internet Platform And The Application Of Law

With the rapid development of Internet technology and mobile intelligent devices,Internet platform enterprises such as take out private kitchens,cost cars and domestic services have emerged one after another.Compared with the traditional employment model,Internet platform tools have many new features.The traditional labor relationship theory has encountered a huge challenge in the context of Internet platform employment,and the law is relatively realistic.The characteristic of lag is highlighted.Due to the complexity and difference of Internet platform employment,it is a difficult problem to judge the nature of employment contract between Internet platform enterprises and labor service providers in judicial practice.In order to better adapt to the new characteristics of Internet platform employment,the traditional labor relationship judgment needs to make some changes.In addition,the recognition of the nature of Internet platform employment contract should be based on the employment mode and actual employment characteristics of Internet platform enterprises,and the specific situation of the case should be considered for specific analysis.In fact,although there are many innovations in Internet platform tools,they are still not completely divorced from the traditional form of labor payment.According to different business models and employment forms of Internet platform enterprises,platform business models and employment forms can be divided into "information service model","platform self operation model","outsourcing business model" and "new sharing model".In terms of the nature of the contract,the two typical contracts of "information service mode" and "platform self operation mode" and "outsourcing operation mode" correspond to the traditional employment mode,while the atypical contract of "new sharing mode" corresponds to the innovative employment mode.Under the new sharing mode,the employment contract between Internet platform enterprises and labor service providers has the characteristics of both contract and labor contract.For the identification of the nature of this employment contract,it needs to be based on case specific analysis,consider the working hours and income sources of labor service providers,pay more attention to the economic subordination,in addition to the necessity of protecting the vulnerable groups of labor service providers.In order to balance the interests of Internet platform enterprises and labor service providers,the identification of the nature of Internet platform employment contracts must be based on the differentiation of different employment modes,and "one size fits all" is strictly prohibited.It is not advisable to use a typical contract and its rules to solve all platform employment problems.The first part: the current situation of employment development of Internet platform and the classification of employment modes.This part focuses on the continuous expansion of the scale of the current Internet platform employment,the emergence of many platform enterprises not only provides convenience for the daily life of the masses,but also provides a large number of jobs for the society,but the resulting rights and interests of the workers can’t be guaranteed,we should pay attention to the problem.Secondly,according to the current forms and characteristics of Internet platform employment,the platform employment can be divided into four different modes.The second part: Differences in the nature of employment contracts on Internet platforms.This part first introduces the current domestic legislation and judicial practice on the nature of the Internet platform employment contract to identify the differences.At present,domestic laws and regulations related to platform employment have not made mandatory provisions on the nature of platform employment contract.In judicial practice,there are many judgments on the nature of platform employment contract.Secondly,it introduces the theoretical research and practical cases of the platform employment in foreign countries represented by the United States and Germany.Finally,the paper summarizes and analyzes the reasons for the differences in the identification of the nature of the platform employment contract.The third part: the typical contract in the employment mode of Internet platform.By analyzing and combing the conventional parts of the employment on the Internet platform,this part finds out the typical contracts such as intermediary and labor contained in the employment on the platform,and puts forward some suggestions on the application of the law according to the characteristics of each employment mode.The forty part: Atypical contract and legal application in employment mode of Internet platform.This part mainly introduces the new sharing mode,which is a very innovative platform employment mode.This part first introduces the obligation of the platform enterprise and the labor provider in the atypical contractual relationship.Secondly,it introduces the characteristics of the atypical contract concluded between the two parties.Then it introduces the principle of law application under the employment mode.Finally,the responsibility distribution mode under the new sharing mode is introduced.