A Study on the Identifying of Labor Relations in China's Gig Economy

The Gig Economy has brought a lot of convenience to people's lives, and the form of employment in this economy has become more and more diversified and flexible, and the form of "platform + individual" has become common. Labor relationships are one of the most basic social relationships, and under this new form of employment, the relationship between laborers and employers (i.e., the relationship between laborers and platforms) has also changed, resulting in frequent labor disputes between employers and individuals, and how to identify the labor relationship between them and how to better protect the legitimate rights and interests of laborers under the new situation is very urgent. This paper analyzes the different legal characteristics of labor employment on Gig Economy platforms and traditional labor employment and tries to explore the design of new and diversified legal relationships of online employment based on the new business modes of different online platforms from the viewpoint of establishing the concept of "flexible and safe" in identifying labor relationships and the protection of labor rights in a hierarchical manner. The criteria for the identification of online employment relationships Reasonable allocation of the rights and obligations between platform companies and platform laborers and the establishment of suitable criteria for identifying labor relations will help the development of the Gig Economy and generate a large number of employment opportunities, which is a basic guarantee for the legality of platform laborers. On the basis of paying attention to it, we should strengthen research and practice to promote the development and improvement of labor relations law in online platform employment.