平台经济视阈下新业态从业者劳动关系认定研究

Research on the Identification of Labor Relations of New Industry Practitioners under the Perspective of Platform Economy

摘要: 平台经济作为新型经济形态，近年来在我国迅猛发展，催生了大量新就业形态劳动者。然而，新业态从业者因工作模式灵活且依托互联网平台，不再完全适应传统的劳动关系框架，导致在社会保险、最低工资保障等方面存在诸多问题。本研究旨在探讨平台经济视阈下新业态从业者劳动关系的认定问题，通过问卷调查、司法案例分析等方法，剖析了新业态下劳资双方法律关系模糊、短期化及算法运作致使劳动关系隐蔽等成因，并基于典型与指导案例归纳出类型化区分、权重位序要素式认定及实质审查等判定规则。

Abstract: Platform economy, as an emerging economic form, has witnessed rapid development in China in recent years, giving rise to numerous new forms of employment for workers. Nevertheless, due to their flexible working patterns and reliance on internet platforms, practitioners in these new industries no longer fully conform to the traditional framework of labor relations, leading to numerous issues in areas such as social insurance and minimum wage guarantees. This research aims to delve into the identification of labor relations for practitioners in new business forms within the context of the platform economy. Through methods such as questionnaire surveys and analyses of judicial cases, it dissects the causes underlying the ambiguous and ephemeral legal relations between employers and employees in new business forms, as well as the concealed nature of labor relations exacerbated by algorithmic operations. Drawing upon typical and instructive cases, this study summarizes categorization rules, recognition based on weighted ranking factors, and substantive review criteria.