Research On The Legal Regulation Of The Relationship Between The Ride-sharing Platform Company And The Driver

The rise of ride-sharing apps such as Uber and Didi provides convenience for people's travel.Meanwhile,disputes arising from employment relationship occur frequently.The traditional labour legislation can not cope with the new employment relationship under the Internet.As the most important basis to standard the ride-sharing industry,Interim Measures for Online Booking Taxi Business Service Management(hereinafter referred to as the Interim Measures),has made the principle of the relationship between the ride-sharing platform and drivers,but because the rules are too general,produced a lot of problems in the practice,to some extent hindered the development of ride-sharing industry.Therefore,the research on the employment relationship of platform is of great theoretical significance to the improvement of the labour legislation in China,it is of great practical significance to solve the disputes of the drivers and platform and promote the healthy development of the ride-sharing industry.In this paper,case analysis,literature analysis and other methods are used to study the employment relationship of the ride-sharing platform and the private car owners,combined with the relevant provisions of the Labour Law and its relevant laws and Interim Measures.This paper analyzes how to determine the relationship between ride-sharing platform and drivers,in order to promote the development of sharing economy while strengthening the protection of drivers' rights and interests.Apart from the introduction and conclusion,the thesis is divided into three parts.The first part is a typical case study.Through three typical cases we can see that when the platform and the driver do not sign a labour contract the referee agree that non-labour relations between the two.However,there are great differences in judicial practice as to whether contractual relations are between the two sides.At the same time,there is no conclusion on whether the platform should bear the responsibility of one-time substitution or theliability of tort and supplement with the driver.The second part analyzes the current situation and deficiency of the legislation on the employment relationship of the ride-sharing platform in our country.Through the analysis of the labour law and its relevant laws and regulations and the relevant provisions of the Interim Measures,we can see that the relationship between the ride-sharing platform and the driver is not clear in our country.The Labour Law and its related laws and regulations also do not provide a basis for the establishment of labour relations between the two sides.Although the Interim Measures advocate that the platform sign labour contracts with drivers,the specific conditions for signing labour contracts are not clear.And the platform with drivers signed a labour contract or agreement,decided by the platform.So that driving the drivers was in a very passive position.In addition,the regulations on the signing of labour contract between the ride-sharing platform and the drivers are not same,which makes it more difficult for the practical departments to confirm the employment relationship between them.At the same time,the labour law constructed on the basis of large factory has been unable to meet the needs of social development.The third part puts forward the concrete suggestions to solve the employment relationship of the ride-sharing platform.Aiming at the problems existing in the employment relationship of ride-sharing platform,the author puts forward that we should make the Interim Measures more clear,including improve the eighteenth of provisions,such as labour hours and service frequency,to regulate platform behavior;improve labour legislation and update the judgment standard of labour relations;improve social security legislation.While affirming the alternative responsibility of the platform,we should strengthen the supervision of the platform.