Identification Of The Legal Relationship Between Platform Enterprises And "Crowd Workers" In The Sharing Economy

With the vigorous development of the sharing economy,new employment modes such as online crowd workers have gradually emerged,and there have been labor groups such as online contract car drivers,takeaway delivery staff,online contract housekeeping,and online contract chefs.The complex and diverse business models of platform enterprises and the characteristics of public contractors with both autonomy and subordination have brought troubles to the identification of the legal relationship between platform enterprises and public contractors,which has aroused widespread concern in the academic and practical circles.How to define the social relationship between the platform enterprises and the contractors legally,and whether the two parties establish a new type of employment relationship? Facing the impact of the sharing economy era,where should the traditional labor relationship theory go? In the face of the above questions,the academic community has not yet reached a consensus,and various opinions are not unanimous.However,in practice,labor disputes caused by the identification of the legal relationship between platform enterprises and public contractors are increasing year by year.In order to solve social contradictions immediately,protect the legitimate rights and interests of the public contractors without hindering the stable development of the platform enterprises,it is necessary to explore the causes of current judicial disputes,clarify the legal relationship between the platform enterprises and the public contractors,and standardize the labor and employment of the sharing economy.Based on the above thoughts,this paper will be discussed through the following five chapters:The first chapter is an introduction.This part takes the current situation of labor employment in the sharing economy and the judicial disputes caused as the entry point,puts forward the issues concerned in this paper and frames the research object of this paper,and then lays the research foundation by reviewing relevant literature.Chapter II is an empirical analysis of the identification of legal relationship between platform enterprises and crowdsourcing operators.This part takes crowd-sourcing horsemen as an example to search and collect cases related to the identification of legal relationship between platform enterprises and crowd-sourcing horsemen,and analyzes the reasons and results of local courts,thus pointing out the current judicial dilemma.The third chapter analyzes the causes of the dilemma in determining the legal relationship between platform enterprises and public crowd workers.This part starts from the emerging characteristics of platform enterprises and public crowd workers,the traditional labor relations from the attribute theory and the current legal norms,and deeply analyzes the causes of the dilemma in determining the legal relationship between platform enterprises and public crowd workers.The fourth chapter to platform and the contractor enterprise legal relationship that typed analysis,this part of the traditional dependency theory conforms to the Shared economic era new explanation,on the basis of this typed analysis was carried out on the platform for enterprises and to the contractor,which define the intermediary between the two relations,the civil employment relationship,the facts of labor relations,and produced a new type of labor relations;Fifth chapter for sharing economic labor employment regulation path to spy out,according to the research of the first four chapters of this section is put forward in the judicial practice should be a number of factors to the contractor the dependency degree of strength,stay relatively stable after the development trend of the sharing standard platform in the form of judicial interpretation issued by labor,and it is not necessary for the contractor to separate legislation,before this that an employment relationship may be appropriately from the legitimate rights and interests in order to ensure the contractor,and suggests relevant departments need to strengthen the guidance and supervision of platform for enterprise,and can’t let enterprise savage growth platform,platform at the same time the enterprises still need to strengthen the responsibility consciousness,By taking the initiative to assume the responsibility of the subject of employment,we try to complete the legal relationship between the platform enterprise and the contractor,and realize the comprehensive management of labor and employment in the sharing economy.