The Identification And Reflection Of The Labor Relationship Between The Agent Driver And The Agent Driver Platform Under The "Independent Participation Type" Business Model

The booming growth of the Internet platform economy is profoundly altering the lifestyle and mode of production in modern society,and it also has an impact on traditional labor relations.As an early-developed and influential Internet employment platform,the agent driving platform has attracted widespread public concern and heated discussions in the jurisprudential circle as to the legal relationship between it and the agent driver.This article focuses on the legal relationship dispute cases between the agent driver and the agent driver platform,and analyzes 116 relevant cases.After sorting out the cases,it is found that the current operating model of the agent driver platform is divided into two types,namely the "independent participation type".And"cooperative type."The court has made different determinations on the legal relationship under the two different business models,and the legal relationship under each business model is also different.A detailed analysis of the judgments of different business models reveals that the existing problems are not the same.The essence of the "cooperative" platform has not been innovative.Its essence is the outsourcing model that has been stipulated in the traditional labor law.The basis can be found in the law,and there is also sufficient experience in judicial practice,although the appearance is fueled by the Internet.It may be confusing,but you only need to pay more attention to identify it.While the really confusing and innovative and also discussed in practice and academically one is the determination of the legal relationship between the"independent participation" platform and the agent driver,also the subject of this article.Cases under this model can continue to be divided into cases that do not involve a third person but only require the identification of labor relations on behalf of the driver,and cases that involve a third person.There are large differences in judgments between the two types of cases.There are both denial of labor relations and,although not clearly identified as labor relations,the essence is labor relations.From the perspective of the differences of judgments,the inconsistency of judicial judgments is detrimental to protecting the lawful claims and rights of agents.Regarding the phenomenon that no case is clearly identified as a labor relationship in practice,it is necessary to return to the source and explore the legal relationship between agent drivers and the platform in essence,and grasp the essence of labor relationship identification from a theoretical perspective.In accordance with the real rights and obligations between these two sides,inspect the platform’s management of the agent driver,confirm that the relationship between the agent driver and the platform conforms to subordination,has the dual attributes of personal and property,and then confirms the agent driver and the agent driver The legal relationship formed between platforms is a labor relationship.And why there is a situation that the labor relationship is not recognized?This article believes that the existing labor relationship adjustment’s monotony and rigidity causes the court to consider the protection of the platform’s economic development and not allow the platform to bear an excessive burden.relationship.Therefore,after theoretically confirming the establishment of a labor relationship between the agent driver and the agent driver platform,appropriate adjustments and responses should also be made at the legal level.Carry out a refined and multi-level reshaping of the existing labor relationship adjustment model,consider the difference in the protection of labor rights,and establish a labor relationship adjustment model that provides different applicable systems for workers with different degrees of subordination.This provides a more comprehensive guarantee for the agent driver,which is conducive to their own right to survive,and at the same time it can balance the interests of the agent driver and the platform,which is beneficial to the prosperity of the platform economy and the stable development of the entire society.