Legal Qualitative Research On Employment Relationship Of Internet Platforms

With the rise and development of the sharing economy,Internet platforms have risen in various fields,and the rise of various types of Internet platforms has also brought about changes in employment methods.The diversified and flexible new employment methods have caused controversy in the theoretical circle Qualitative disputes over such employment methods have also caused many differences in judicial decisions in the practical world.Based on the classification of Internet platforms,this paper concludes that the employment mode of crowdsourcing labor platform is the focus of controversy.Therefore,for the employment mode of this kind of platform,from the perspective of contract qualitative,this paper analyzes the contract signed between this type of platform and labor providers,and judges that it belongs to "type integration mixed contract",In judicature,the application of such mixed contracts should be judged according to the specific circumstances of the case,and the judgment logic should be put forward according to the empirical results: when the labor provider infringes on the third party and has the appearance of behavior,the platform should bear the responsibility of the employer,the two establish labor relations,and the contracting relationship should be established in other cases.From the perspective of judicature and legislation,this paper puts forward suggestions for improvement,proposes to learn from German theory in judicature,flexibly use the criteria of attribute judgment,build a new "labor triad" system of "civil law protects non workers","new separate law protects workers" and "labor law protects workers",and stratified the labor provider group according to the "knowledge" standard,Improve the legal protection system of Internet platforms and labor providers from many aspects.