Comparative Law Research and Analysis on the Legal Identity Determination of Platform Employment in the Gig Economy: A Case Study of Germany and Japan

Xinping Lin

doi:10.6981/FEM.202509_6(9).0007

Authors

Xinping Lin

DOI:

https://doi.org/10.6981/FEM.202509_6(9).0007

Keywords:

Gig Economy; Platform Employment; Quasi-Employee System.

Abstract

With the rapid development of the gig economy in the context of digital platforms, the legal relationship of employment on online platforms has become increasingly complex, and the traditional "employee-independent contractor" dichotomy has been unable to cover the new labor relationship. This article takes the German "quasi-employee" system and the Japanese "quasi-employee" exploration as the starting point, compares the institutional paths and practical experience of the two countries in the legal identity identification and rights protection of platform workers, and reveals the common challenges they face in terms of hidden platform control and legal lag. On this basis, combined with China's actual national conditions, it proposes suggestions for creating a "third type of worker" legal identity and supporting legal system, including remuneration protection, work-related injury insurance coverage, legal responsibility clarification and technical governance rules, aiming to provide a reference for my country to improve the legal system of platform employment under the gig economy.

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