Research On The Identification Of Employment Relations Of Network Platform

Firstly,the basic concepts of employment relations on the network platform are briefly analyzed.According to the classification standard of labor management intensity from strong to weak to none,the employment relations on the network platform can be divided into network platform labor relations,incomplete labor relations,and labor service relations.The characteristics of the incomplete labor relations of the network platform are that the platform can benefit from the labor of the network contract workers,the network contract workers have the ownership of some production materials,and the working time is flexible.The network platform uses algorithms to manage this special labor management mode.Secondly,from three aspects of legal basis,legal basis and recognition mode,this paper analyzes the status quo of the identification of employment relations on network platforms in our country,and concludes that the identification of employment relations on network platforms is not suitable to the dependency theory,the ternary recognition framework has not been established,and the judicial judgment is different.In the identification of employment relations on network platforms,the inadaptability of the continued subordination theory is caused by its limitations.The logical disorder of the theory itself is "subordination-inequality",the logical starting point of the continued theory is not clear,the question of whether the breakthrough theory is legitimate is not solved,and the theoretical content is not refined.The reason why the ternary identification framework has not been established is that the value orientation of the protection scheme is different and the protection scheme has not been selected;the platform has incomplete labor relations in which the online contract workers’ autonomy and control coexist,and the online contract workers are still in a weak position,and the algorithm neutrality has covered up the abuse of algorithm power.The reasons for the different judicial decisions are that algorithm management is difficult to be recognized as labor management,the principle of priority of facts is not applicable and the lack of judgment basis.This paper puts forward some suggestions from four aspects: clarifying the logical order of "inequality-subordination",taking the inequality of subject status as the logical starting point,trying out the legitimacy of the new labor duality theory,and refining the content of the subordination theory.When establishing the ternary recognition framework,the value orientation of the direction of labor law should be selected,because the subject status of incomplete labor relations is not equal,and the network contract tools have the characteristics of subordination,some labor standards should be applied to protect the network contract workers,and the platform operator should bear the burden of proof that the algorithm it adopts does not constitute the most stringent algorithm.In judicial judgment,algorithm management should be recognized as labor management,adhere to the principle of fact priority,and the application of the moderate preference principle will not constitute double preference when there is no judgment basis.