"Platform+individual":Internet Employment And Labor Relations Identification Research

Traditional labor relations refer to a social kind of relationship adjusted by labor law and established by employers and workers,which has the characteristics of specific subject,specific payment method,equality and inequality,and slave attribute.At present,the current identification of labor relations adopts the principle of "subject qualification+slave attribute".In the Internet technology and the sharing economy,workers through the network platform for labor demand information,produced a "platform+individual" this new form of employment form,such as the car about car,delivery,city freight,etc.,the new form of employment in promoting employment and convenient public life has played an irreplaceable role.But this has the characteristics of employment form in labor status,working time and place,worker income mode,means of production,labor subject and traditional labor relations have certain changes,inevitably to the traditional labor relations standards and certain impact,leading to judicial practice of "platform+individual" labor labor relations have differences.Due to the trend and policy orientation of flexible employment in China,the "dual framework" of labor should be broken through when identifying the "platform+individual" employment relationship.By distinguishing the strength of subordinate attributes,the "quasi-labor relationship" is added in the middle zone of civil relations and labor relations to build the "three-way framework" of labor.The "platform+individual" in the form of asset-heavy employment is identified as labor relationship,the "platform+individual" in the form of part-time asset-light as civil cooperation relationship,and the"platform+individual" in the form of full-time asset-light as "quasi-labor relationship".In addition,the "quasi-labor relationship" is more standardized by establishing the system of intermediate category labor,clarifying the platform enterprise responsibility,and implementing the protection function of the trade union organization of workers’ rights and interests.