On The Protection Of Labor Rights And Interests Of Ride-hailing Drivers

Shared development is one of the five development concepts proposed by the Fifth Plenary Session of the 18 th CPC Central Committee.Under the guidance and promotion of the concept of sharing,China’s sharing economy has witnessed rapid development in recent years.As a product of the integrated development of the Internet and the traditional transportation industry,online car hailing has highlighted the characteristics of more flexibility than the traditional labor since its inception,which provides a natural advantage for the online car hailing industry to quickly occupy the market.However,the employment mode of online ride-hailing shows the characteristics of weak subordination,and it is difficult to directly apply the existing standards for identification of labor relations.The phenomenon of inconsistent identification of legal relations in judicial practice occurs from time to time,which increases the difficulty of identification of labor relations and brings difficulties to the protection of labor rights and interests of drivers.With the increasingly diversified and complex employment patterns of online ride-hailing and the growing number of drivers,related labor disputes are also on the rise.Therefore,the protection of labor rights and interests of online ride-hailing drivers has become an important issue to be solved urgently.In this paper,normative analysis,comparative analysis,case analysis and other analytical methods are used to study the protection of labor rights and interests of online ride-hailing drivers.This paper points out the problems existing in the protection of labor rights and interests of online ride-hailing drivers in China,and puts forward suggestions on improving the protection of labor rights and interests of online ride-hailing drivers on the basis of drawing lessons from foreign relevant systems and judicial practices.In addition to the introduction and conclusion,the full text mainly includes the following four parts:The first is an overview of online ride-hailing workers.This part analyzes the employment mode and characteristics of online ride-hailing,expounds the basic meaning and identification standards of China’s current labor relations,and further analyzes the challenges of online ride-hailing employment to the identification of labor relations.Based on this,the research object of this paper is limited to the protection of labor rights and interests of online ride-hailing drivers under the "private car model".Secondly,it analyzes the problems and causes of the protection of labor rights and interests of online ride-hailing drivers in China.Based on the current situation of the protection of labor rights and interests of online ride-hailing drivers in China,this paper puts forward some problems,such as unequal rights and obligations of both parties,labor safety risks faced by drivers,and difficulty in guaranteeing labor remuneration.The paper further analyzes the reasons for the problems,which are divided into three parts: legislation,justice and social security.The main problems are the imperfect labor law system,the unclear legal relationship between the two parties,and the imperfect social security mechanism for drivers.Thirdly,it is the reference of foreign online taxi drivers’ labor rights and interests protection system.It not only includes the analysis of the judicial practice cases of the United States and Britain under the common law system,but also includes the system reference of Germany,Italy and Japan under the civil law system.Finally,it is the core content of this paper to improve the labor rights and interests protection system of online taxi drivers in China.In view of the problems mentioned above,this paper draws lessons from foreign experience and puts forward suggestions to improve the protection of the rights and interests of online ride-hailing drivers in China from three aspects:legislation,justice and social security.In terms of legislation,it is necessary to establish intermediate labor subjects,clarify the standards for identifying labor relations,and uniformly issue instructive judicial opinions.In the judicial aspect,it should respect the consent of both parties and pay attention to the substantive and subordinate examination.In terms of social security,the social responsibility of platform enterprises should be strengthened,the coverage of social insurance should be expanded,and drivers should be guided to organize and join trade unions.