互联网型用工的法律定性及其规范

Legal Qualitativeness and Norms of Internet Employment

互联网型用工是指借助互联网信息平台形成的用工方式,这种用工正迅速发展成为一种重要的用工方式。互联网型用工相比传统标准用工特征鲜明,其法律定性在学界和实务界观点众多,莫衷一是。目前,在对互联网型用工的规制方面,制度层面较为零散,实务层面口径不一,造成劳动者权利保护的困境。互联网型用工从其法律关系的本质分析,其性质更倾向于归入劳动关系范畴,是新时代劳动关系范畴的重大扩容。应从法规修订、社会保障方式变通、工会介入的完善、法律风险控制等方面对互联网型用工关系进行规范。

Internet-based employment refers to the employment mode formed by means of internet information platform. This type of employment is rapidly developing into the mainstream mode of employment. Compared with traditional standard employment, internet employment has distinct characteristics. There are many opinions on its legal nature in the academic field and no consensus has been reached. At present, in the regulation of internet employment, no standard action has been reached on the system level or on the practice level which causes the dilemma of the protection of rights. The nature of internet employment is more inclined to fall into the category of labor relations, which is a significant expansion of the category of labor relations in the new era. The internet employment relationship should be standardized from the aspects of law revision, social security flexibility, trade union involvement improvement, legal risk control and so on.