Study On The Legal Nature Of Employment Relationship On Internet Platform From The Perspective Of Ride-hailing Industry

As the sharing economy enters a period of rapid development,the new form of employment of "platform + individual" is also formed in response to the development of the times.This highly efficient and flexible form of employment is also widely used in industries such as online taxi,takeaway and delivery,live webcasting and housekeeping,promoting the digital transformation of the economy and helping more and more people to use their skills to find employment.However,in the face of the many differences between the employment relationship on the Internet platform and the traditional labour relationship,the relevant laws and regulations such as the Labour Law and the Labour Contract Law have limitations,and the nature of the legal relationship between the employment on the Internet platform has yet to be fully discussed in the doctrine.The first chapter of this paper defines internet employment,illustrates the characteristics of complicated subjects,flexible modes,resultant remuneration and hidden management of internet platform employment relationship,and clarifies the importance of identifying the legal relationship of internet platform employment.As for the employment of labour on internet platforms,it can be divided into three types: platform self-employment mode,platform outsourcing mode and platform crowdsourcing mode.The first two types are regulated by labor law,while the platform crowdsourcing mode is less subordinate and more autonomous,and its nature is more controversial in both theory and practice,so it is the focus of this paper.Chapter 2 compares the current legislative status of the legal relationship of employment on domestic internet platforms,and by integrating the adjudication documents of the cases involving damages and labour relationship determination in the internet contracting industry in the past six years,the court’s trial basis and trial results are sorted out,and the current judicial status of such cases in China is grasped through this representative industry.The third chapter,through combing 27 adjudication documents on the employment of internet platforms,shows that the judicial status quo is characterized by differences in adjudication results,arbitrariness in adjudication elements and limitations in adjudication thinking.The reasons for this are the limitations of the existing legislation,the mechanical nature of the determination criteria and the drawbacks of the dichotomous protection model.Chapter 4 compares the theoretical system and judicial experience in the determination of the nature of legal relations of employment on Internet platforms in order to draw useful experience from them in the determination of legal relations of employment on Internet platforms in China.For example,the construction of a broader standard for the recognition of labour relations and the establishment of a third category of special labour relations.Chapter 5 proposes two legislative and judicial solutions for the determination of the nature of legal relationship between platform workers,taking into account the current situation of the development of China’s Internet platform workers: to reconstruct the dichotomy theory in legislation and to establish the third category of special labour relationship;to explore the judicial situation first and to unify the court’s decision,so as to change the phenomenon of different judgments of the same case in local courts.