关键词: 平台用工, 责任承担, 平台从业者, 第三类劳动者, 雇佣合同

Abstract: In the employment of Internet platforms, it is commonplace that a platform practitioner provides labor for multiple platforms at the same time, which makes it a focal issue who bears the employment responsibility in the employment. The theoretical circle and the judgment practice put forward the measures of sticking to the traditional regulations, expanding the traditional regulations and creating new regulations. Among them, the traditional regulation is the resigned choice by the judicial organs when dealing with urgent cases of platform employment liability under the existing rules of labor law; expanding traditional regulations has certain risks and will restrain the development of labor market economy if the expansion is not confined to a proper scope; the new regulatory, the introduction of “third class of workers” and the establishment of “employment contract”, provides hope for solving the problem of determining the platform employment responsibility. But the new regulations need revisions and adaptation to the changes in the mode of employment for disputes over platform employment responsibility to be better solved.

Key words: platform employment, shoulder responsibility, platform practitioner, third class of workers, employment contract