Research On The Legal Status Of Platform Practitioners In The Gig Economy

Driven by Internet information technology,the emergence of network platform has brought about the large-scale rise of gig economy.The gig economy is one in which workers don't have a fixed employer and can work for more than one employer a day.A market in which wages are paid by the hour without a fixed wage.The booming development of gig economy has given birth to a new business form of platform practitioners and the emergence of a new employment mode,which has a great impact and challenge on the established labor relationship identification rules of China's current labor law,leading to the difficulty in identifying the legal status of platform practitioners under the gig economy.As a highly flexible employment way,platform practitioners have considerable flexibility and freedom,do not need to punch in and to the designated office engaged in specific work,paid by the month,so quite flexible ways of working,greatly weakened the platform practitioners personality properties and properties,making property under current labor legal system standard is difficult to adapt to the development of the new era,not suitable for odd jobs under the economic platform practitioners of legal status identification.At present,our country has many scholars on the Internet platform of labor that labor relations are studied,but mostly base on to a specific type of labor relations,there is a certain degree of limitation,and scholars were at sixes and sevens,opinions vary on this issue,make the legal status of new employment mode platform practitioners still vague.The current labor law whether will have the dependency for determining laborer and unit of choose and employ persons labor relationship between the presence or absence of the core,but in the new platform recruitment mode,platform practitioners and personality property organization properties have weakened,economic dependency highlighted increasingly,at the same time,the platform company on practitioners use the Internet information technology management degree is not better than the traditional unit of choose and employ persons laborer in a fixed office engaged in the low degree of labor.If the current labor law system is still used to identify the legal status of the gig economy platform practitioners,it will surely damage their legitimate rights and interests,making the practitioners unable to get the protection of social insurance and the protection of the labor law.Based on this a series of problems,this article from the perspective of case,the case related to the platform that practitioners legal status into Labor for bill and tort liability due to two major categories,the court decided that in different cases respectively analysis platform practitioners on the basis of legal status and the reasons,and sums up the odd jobs under the economic platform task characteristics of employment,as well as the platform workers employment weak property characteristics.At the same time,the system and path explored by foreign countries to solve the problem that the legal status of platform practitioners in the gig economy is difficult to identify are investigated.Taking Germany and Japan as examples in the civil law countries,Germany adopts similar employee system to treat platform practitioners with economic dependency.Give the corresponding labor legal system protection;Japan,on the other hand,divides laborers into different "camps" and ranges in the form of legal documents,and sets different identification standards and stipulates different levels of protection.From the perspective of countries in the common law system taking the United States as an example,the United States gradually derived the "Borello" rule and ABC rule based on the original common law standards and fair labor standards to adapt to the flexibility of the employment of platform practitioners.At present,the current labor legal system on the legal status of odd jobs economy platform practitioners recognition exist at the same time have three properties of "components" standards,"either/or" binary mode,and the problem of social security is difficult to apply,based on the above,put forward the comprehensive considerations and flexible understand properties for determining factors,establishing an economic properties similar to laborer,platform practitioners cognizance and social security appropriate legal status of "decoupling" proposal,I am contributing to improve labor law system for the future.