A Study On The Definition Of The Legal Attributes Of The Employment Relationship In The Gig Economy

Gig economy has become a new economic model in recent years,relying on the development of the Internet,which has promoted economic development while also posing certain challenges for China in terms of legislation and practice.For the Gig economy,the typical employment models at present are the online taxi and takeaway platforms respectively,which are a kind of economic model in which internet enterprises build a platform through information transmission technology,making labor distributed on demand based on the right to use.It contains not only the shadow of traditional labor relations,but also has the characteristics of employment relations.Coupled with its characteristics of on-demand labor,flexible work and reduced subordination,these difficulties make it difficult for the Gig economy to be regulated by the traditional dualistic thinking of labor relations or employment relations.Therefore,how to regulate casual labor relations is a common problem in judicial and practical circles nowadays.In judicial practice,the controversy over the determination of employment relationship in the casual labor economy mainly focuses on the definition of employment relationship,the scope of applicable law and the focus of consideration factors.Should the employment relationship be regarded as a labor relationship,sacrificing the flexibility of the casual labor economy in exchange for the stability of casual workers,or should the employment relationship be regarded as an employment relationship to ensure the rapid development of the casual labor economy.This issue has also been discussed by scholars in the academic world.Although various scholars have different views,the common conclusion that can be drawn is that the dualistic thinking in the traditional perspective is no longer applicable to the current determination of the employment relationship.Therefore,seeking a breakthrough in the legal relationship is an important means to regulate the employment relationship in the casual labor economy.The problem of determining the employment relationship in a gig economy is a common problem faced by the international community.Therefore,when seeking a breakthrough in the legal relationship,we can seek corresponding legal regulation from overseas and learn from it.In this regard,although the idea of differentiating employees and independent contractors and refining the determination of labor relations in the United States cannot be absorbed by China in its entirety,it is still of great significance.In defining the relationship between part-time workers and internet platforms in China,it is possible to stratify part-time workers based on subordination,supplemented by control considerations,and divide them into three areas:strong control mode,quasi-strong control mode and weak control mode,and define them in terms of labor relationship,part-time employment and employment relationship respectively.It breaks the dualistic thinking of the traditional vision and protects the rights and interests of casual workers more comprehensively.