Resrarch On The Nature Of Legal Relationship On Internet Platform Work

As an original issue,the identification of the legal relationship between digital labour platform and workers is related to the subsequent protection of labor rights and interests of them.The legal status of platform workers in China is not clear,the current legislation does not have a clear response to this,and the judicial practices appear to common case of different judgment.Therefore,analyzing the legal nature of platform work on the basis of typing and providing theoretical guidance for the next step of labor rights and interests protection is urgent.Although there are innovations in platform employment,it does not change the characteristics of personality subordination as the essential attribute of labor relations.In theory,it should still be the core theory of labor relations identification.However,in practice,the disadvantage of a single identification standard is that it can not deal with the complex reality,and the diversified development of employment forms brings challenges to the identification of labor relations.Therefore,we should build an optional multiple labor relations recognition standard system with personality subordination as the core,and all possible indicators pointing to labor relations should be considered.At the same time,the status of each element in this standard system should be different.As the essential attribute of labor relations,personality subordination should be placed in a prominent position.Personality subordination is the primary consideration factor.The importance of substantive investigation of labor relations is more prominent in the context of platform work,because the innovation of platform work mode has brought difficulties in identifying labor relations such as hidden employment and fuzzy employment.Flexible and free formal representation may not reflect the essence of employment.In order to avoid damage to the labor rights and interests of workers caused by misclassification,substantive investigation of platform employment should be carried out,The recognition standard is the degree to which workers are controlled and subordinate to the platform.Although the nature of labour relationship has not changed,we should face up to the difference to the traditional employment.It cannot be generalized.The working modes of platforms are complex and diverse and are constantly changing.Industrial differences,occupational differences and differences in the internal business models of the same industry will lead to the differences between platform work,and then affect their identity recognition.Therefore,the analysis of the nature of the legal relationship of platform work should have typological thinking,distinguish different types of employment modes in the Internet platform,and analyze the legal relationship according to different types of characteristics and actual performance.By combing the development process of the current Internet platform work,it is found that the legal relationship identification problem under the crowdsourcing mode and outsourcing mode is the most prominent.Therefore,it is mainly aimed at these two modes to analyze the legal relationship between the subjects involved.In the crowdsourcing mode,workers can start services by registering on the platform app and enjoy complete work autonomy.They have no obligation to accept the tasks released by the platform,and the platform has no right to specify working hours and working places.Therefore,there is no labor relationship and it is adjusted by the civil law;Under the outsourcing mode,workers are subject to strong control and management,and their personality subordination is obvious.It should be recognized as the existence of labor relations,and strengthen the regulation of all subjects in the employment chain to avoid damaging the legitimate labor rights and interests of workers by layers of outsourcing and subcontracting.