| In the "Internet +" new formats increasingly impact the traditional labor intensive industry,against the background of a cruise car enough to impact the taxi industry management mode of new forms appeared,network about renting a car with a new form to public transportation in a shot in the arm.Due to network about car is different from the mainstream,the mode of the traditional industry,at the beginning of the entering our country,there is no unified rules of the industry,and the different kinds of national policy network about car did not come,for the net about car drivers the atypical form of labor relations,there is no a clear cognizance standards of labor relations,so the related labor security cannot cover this kind of relationship.The labor legislation in China has not involved such personnel,and the non-typical labor relations in this new mode of labor have aroused the discussion in the field of labor law.This article discusses the network of some car drivers of labor relations as the research object,to reveal the current our country from the aspects of policy and legislation in dealing with the net around the car protection of the rights and interests of labor relations and the problem,the author also research from the aspects of the judicial practice in web about car case analysis shows that labor relations.Based on traditional object of labor in China’s labor legal system can adapt to the current labor market of dramatic change and the subsequent flexible diversified forms of employment,is an important issue we need to face.The author deeply the problem for the present China’s labor market diversification is a breakthrough point,trying to do some exploration,due to the atypical employment relationship is too big,the entiregroup involved in the industry,the field is broad,cannot end,so this article’s focus is on a small point,labor relations problems about renting a car driver by network as the breakthrough,the factors for determination of labor relations,the direction of the current judicial practice,and on the adjustment of law concept of location as well as the rights and interests safeguard some of the content,make some thinking.In this paper,on the whole length of the content,first for labor relations determination and generalizes the atypical labor protection theory,this paper introduces the our country the traditional labor relation,labor relations,namely the dependency that essence of labor relations and elements in the form of the labor contract.On the standard of identifying a subordination principle,take the facts of labor relations criteria for recognition of the "three elements" from these aspects to elaborate the basic definition of labor relations,for atypical labor protection theory,adopted by the academic circle for a typical worker protection of laborer stratification theory and middle theory.Then it starts from the analysis of the labor relations of the ride-hailing drivers.By subdividing the driver of the network into three types,the author classifies the drivers of the network,and makes a distinction between the labor relations of different types of chauffeurs.As legislation lags behind,the first,the article also analyzed respectively from the British and American two Uber case in the judicial practice outside of class situation,at the same time,research of the current domestic relating network about car drivers 40 cases involved the judicial case classification analysis,reveals the practice of the relationship between judicial authority for such judgment and protection,as a result of the domestic legislation gradually update,also a year for the domestic network to the nearest about car behind related labor relations law document updates are analyzed.At net around the car driver’s rights and interests protection,the author from the perspective of practice,operating through legislation thinking,giving play to the role of industry associations,and to promote network about car industry or regional collective bargaining mechanism from three aspects,the protection of network about the rights and interests of car drivers do some preliminary exploration of the.It also provides someSuggestions to solve the various labor disputes in the present rental industry in the process of major changes in the new type of labor relations.Because our country Labour market long-term planned economy mode,so the labor system in our country is based on the typical model on the basis of the formation of the labor relations,our country the first introduced the labor law of the People’s Republic of China is formed in the planned economy under the background of market economy and opening up,due to rapid changes in the Labour market and adjust,lead to labor legislation in the various rights and interests of workers protection exposed many problems,so when the labor contract law of the People’s Republic of China issued,some atypical workers rights and interests have been protected,such as part-time workers,and now accounts for half of the labor market labor dispatch staff.Shift workers identity,however,does not mean that their rights are protected,we found that in the long-term practice,for the protection of laborers actually points a lot of ways,not necessarily must as far as the framework of labor law,using public power reform of compulsory labor relationship will lead to some enterprise behavior of loopholes.So about car driver for the network protection,can expand the train of thought,on the one hand,for our labor legislation in respect of the cognizance of the laborer has clear standards,on the other hand is given priority to with benchmark contents of labor protection,give laborer to minimum protection content of these grey areas,safeguard the basic working conditions and equal treatment.In the aspect of collective rights protection,the industry and regional collective consultation should be promoted to ensure the realization of the demands of the collective interest.Within the framework of the law,the rational development of this non-typical labor relationship is allowed on the basis of guaranteeing the basic rights and interests of workers.. |
