The Recognition Standards Of Labor Relations In Platform Economy

With the rapid development of new business forms of platform economy,new types of network platforms and new employment modes have emerged.The traditional employment relationship can be identified according to the existing labor relationship recognition standards.However,in the platform economy,the new employment parties establish a relatively loose relationship,and the platform employees are more self-management,different from the close employment relationship established by the traditional platform employment,Subordination of labor relations in the new platform employment relationship tends to fuzziness,and the control becomes covert.In the face of the new employment mode of platform economy,the existing identification of labor relations has the problems of lack and discomfort of legal application,In view of the characteristics of platform employment,China should expand the consideration of economic subordination factors on the basis of adhering to the characteristics of subordination,strengthen the legal interpretation of the existing legal system of labor relationship recognition,enhance its applicability,and increase the supply of the legal system of labor relationship recognition.At the same time,we should learn from the legal experience of foreign countries,give different classified protection to the laborers according to the degree of subordination.In terms of identification methods,we should adhere to the substantive standard of subordination of labor relations and strengthen the examination of employment facts.Investigate the characteristic factors of labor relations and non-labor relations,Strengthen the investigation on the expression of will of both parties,respect the autonomy of will of both parties,make comprehensive and substantive judgments in the case,and prevent the generalization of the identification of labor relations,resulting in improper protection.At the same time,the recognition standards of traditional labor relations need to be adjusted and refined to enhance their adaptability.In addition,we need to increase the reform of the social security system represented by the social insurance system,and better play the role of the social security system.Efforts should be made to achieve the unity of labor protection and economic and social development.