Research On Legal Regulations On Employment Of Internet Platforms

With the development of " Internet Plus" and the sharing economy,the Internet platform has emerged,and it is an inevitable product of the development of Internet technology.The Internet platform economy is a new economic form with more openness,compatibility,industrial integration,and market flexibility.The development of the platform economy has led to the influx of a large number of social idle labor,but the flexibility and diversification of the employment of the Internet platform also makes it difficult to determine the relationship between the platform and the practitioners.How to regulate the employment of Internet platforms has become a topic that needs urgent research and discussion.The Internet platform re-allocates idle resources in society and improves market efficiency,which is also the development trend of traditional industries.Internet platform employment refers to the employment mode that uses the Internet platform as the main body of labor and dispatches orders to platform practitioners through Internet technology and mobile terminals.It has the characteristics of weakening of subordination.It is related to traditional labor in working hours,wages,workplaces,and labor protection.There are differences in such aspects,and platform practitioners also have certain characteristics.Internet platforms can be mainly divided into autonomous platforms and organizational platforms,and the employment models of Internet platforms can be divided into three types: labor relations Internet platform employment,crowdsourcing Internet platform employment,and triangular Internet platform employment.The legal regulation of the employment of Internet platforms should start with clarifying the legal relationship.First,from an academic perspective,the personality and organizational subordination of Internet platform employment is obviously weakened,and the economic subordination is also partially weakened.The subordination theory is difficult to apply.Second,the current legal system is difficult to apply to the employment relationship of Internet platforms.Finally,in judicial practice,there is a phenomenon of "different judgments in the same case",which leads to confusion in the trial results.The above dilemmas are mainly due to: First,the sharing economy has led to atypical employment of Internet platforms;second,my country’s current labor relations determination standards have a certain lag,and third,judicial practice recognizes labor relations as too strict.Through sorting out the legal regulations on the employment of Internet platforms in several representative countries with common law systems and civil law systems,including the "non-employee" system in the United Kingdom,the "Borello Test" in the United States,the "class employee" system in Germany,the "quasi-subordinate labor" system in Italy,and the broad concept of labor in Japan.Summarizing the experience from outside the region,we can draw the following three inspirations: First,the identification of labor relations should focus on subordination and focus on the essence of subordination.The second is to build the system advantages of the third type of special labor relations.The third is a moderate decoupling between social security and labor relations.Our country’s legal regulation of the employment of Internet platforms can be analyzed from the following paths: First,the legal regulation of the employment of Internet platforms should adhere to the concept of balancing efficiency and fairness,respect for independent consultation,and the principle of rights protection.Second,clarify the qualitative nature of the legal relationship of employment on the Internet platform.my country can try to establish the third type of special labor relations system and flexibly apply labor standards.Third,carry out legal regulation from the aspect of social security,and provide platform practitioners with social security that is different from traditional workers.Fourth,give play to the government’s regulatory role in the employment of Internet platforms,formulate "boosting" policies,set up special service agencies,and strengthen the supervision of Internet platform employment contracts.Fifth,strengthen the role of social governance in the legal regulation of Internet platforms,and multiple subjects participate in Internet employment governance to form a joint force to build a harmonious platform economy.