众包型互联网平台用工作为一种新就业形态,在提升效率的同时,也面临诸多法律风险,主要包括劳动关系认定模糊、合同性质认定不清、相关社会保障缺位等法律合规难题。劳动关系的不确定性导致平台与劳动者间权益纠纷频发,劳动者常因缺乏社...众包型互联网平台用工作为一种新就业形态,在提升效率的同时,也面临诸多法律风险,主要包括劳动关系认定模糊、合同性质认定不清、相关社会保障缺位等法律合规难题。劳动关系的不确定性导致平台与劳动者间权益纠纷频发,劳动者常因缺乏社会保险和工伤保险而受损。此外,从业者与平台之间的合同性质的认定不清也增加了平台的法律风险。为应对这些挑战,本文通过法条分析、文献梳理等方法进行研究,综合多种角度考虑,认为平台应明确法律关系,加强劳动者权益保障,确保合规运营。通过综合施策,可有效降低法律风险,促进众包型互联网平台用工模式的健康发展。Crowdsourcing Internet platforms use work as a new form of employment. While improving efficiency, they also face many legal risks, mainly including legal compliance problems such as ambiguous identification of labor relations, unclear identification of contract nature, and absence of relevant social security. The uncertainty of labor relations leads to frequent disputes between platforms and workers, and workers often suffer losses due to the lack of social insurance and work-related injury insurance. In addition, the unclear determination of the nature of the contract between practitioners and the platform also increases the legal risks of the platform. To address these challenges, this article conducts research through legal analysis, literature review, and other methods. Considering multiple perspectives, it is believed that platforms should clarify legal relationships, strengthen the protection of workers’ rights and interests, and ensure compliant operations. Comprehensive measures can effectively reduce legal risks and promote the healthy development of crowdsourcing Internet platform employment model.展开更多
文摘众包型互联网平台用工作为一种新就业形态,在提升效率的同时,也面临诸多法律风险,主要包括劳动关系认定模糊、合同性质认定不清、相关社会保障缺位等法律合规难题。劳动关系的不确定性导致平台与劳动者间权益纠纷频发,劳动者常因缺乏社会保险和工伤保险而受损。此外,从业者与平台之间的合同性质的认定不清也增加了平台的法律风险。为应对这些挑战,本文通过法条分析、文献梳理等方法进行研究,综合多种角度考虑,认为平台应明确法律关系,加强劳动者权益保障,确保合规运营。通过综合施策,可有效降低法律风险,促进众包型互联网平台用工模式的健康发展。Crowdsourcing Internet platforms use work as a new form of employment. While improving efficiency, they also face many legal risks, mainly including legal compliance problems such as ambiguous identification of labor relations, unclear identification of contract nature, and absence of relevant social security. The uncertainty of labor relations leads to frequent disputes between platforms and workers, and workers often suffer losses due to the lack of social insurance and work-related injury insurance. In addition, the unclear determination of the nature of the contract between practitioners and the platform also increases the legal risks of the platform. To address these challenges, this article conducts research through legal analysis, literature review, and other methods. Considering multiple perspectives, it is believed that platforms should clarify legal relationships, strengthen the protection of workers’ rights and interests, and ensure compliant operations. Comprehensive measures can effectively reduce legal risks and promote the healthy development of crowdsourcing Internet platform employment model.
