Research On Identification Of Employment Relationship Between Internet Platform And Online Contract Deliveryman

The rapid development of Internet platforms in the era of sharing economy has brought more labor opportunities to the society,but also caused a strong impact on the identification of labor relations.The ensuing problem is that the protection of labor rights and interests of workers on Internet platforms has also become a problem in practical labor dispute cases.The new economic era has brought about new labor modes.The author takes the occupation of e-contract deliveryman as the entry point for the identification of employment relationship on Internet platform,and adopts several research methods such as case analysis and comparative analysis to study the identification of employment relationship between Internet platform and e-contract deliveryman.How to identify the employment relationship on the Internet platform is directly related to whether the group of online contract deliverers can obtain labor legal protection and the intensity of protection.It is also a basic issue for the study of labor legal relationship.Therefore,the author summarizes and puts forward suggestions through the following content.First of all,this paper introduces the relevant traditional principles of labor relations identification,briefly describes the employment status of Internet platforms,leads to the author’s understanding of employment relations on Internet platforms and the opinion that classification judgment should be carried out.Then,it specifically analyzes the subordinate characteristics of the employment relations of online contract distribution personnel,and analyzes the concrete embodiment of the subordinate standards in the employment relations of online contract distribution personnel.Secondly,this paper summarizes the status quo of employment relationship identification of network contract distribution personnel,summarizes the characteristics of dispute adjudication in current practice,and combines two typical judicial cases of employment relationship identification on platforms to analyze two issues of research significance in employment relationship on Internet platforms,and points out the handling principles of problems in employment relationship on Internet platforms in current practice.Next,it points out the dilemma of employment relation identification of e-contract distribution personnel,and makes it clear that "labor dichotomy" has been difficult to adapt to the development of new employment forms,and it is unreasonable to use a single mode to identify employment relation.At the same time,there are certain limitations in the existing standards of labor relation identification.Finally,this paper puts forward some suggestions to solve the dilemma,including adjusting the identification path,subdividing the network contract distributor into various modes to determine the legal nature,and putting forward the system of "the third type of worker" and establishing the ternary structure of labor relations,so as to answer the question of how to perfect the identification standard of labor relations.Since the balance of benefits between the platform and the network contract distributor lies in the identification of the employment relationship between the two,this paper extends the construction of the corresponding social security system to reverse promote the progress of the identification of labor relations.