Determining Employment Relationships in the Gig Economy
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In recent years, with the rapid development of the global platform economy, the protection of workers' rights and interests in new forms of employment, such as platform work, has attracted widespread attention. At the same time, platform-based employment has exposed a range of issues: unclear legal status of platform workers, excessively long working hours, unstable income, insufficient occupational safety and health safeguards, lack of social insurance, opaque and unreasonable algorithmic operations of platforms, and difficulties in exercising collective rights, among others. This paper clarifies the labor law frameworks in China and the European Union and its member states, employs a comparative approach to analyze the differences in the classification of employment relationships and legislative methods across regions, and offers recommendations for defining platform-based employment relationships in China in the future.