The Labor Relationship Identification And Rights Protection Of "online Workers" In The Takeaway Industry

With the continuous improvement and advancement of Internet technology,the sharing economy,as a product of the new era,has had a profound impact on various industries.Among them,the sharing economy has greatly activated China’s labor and employment market,and platform companies relying on the Internet have provided a large number of jobs for the entire society.At the same time,the sharing economy has also given birth to various new forms of employment.This flexible employment relationship has brought huge challenges to the traditional labor relationship,making labor-management relations more flexible and unstable.As a representative of the take-out industry,a large number of migrant workers join various take-out platforms as online workers,but take-out riders are in a gray area in the labor law,and their labor rights are often not protected by the law.Labor disputes are also increasing.Especially recently,news about "Sudden Death of Takeaway Brother" and "Takeaway Collective Strike" have been frequently searched by major media.From the judicial practice related to the food delivery industry,it can be found that most of the disputes are centered on the identification of the labor relationship between the food delivery platform and the food delivery rider,which leads to labor disputes such as wages and work-related injuries.The complicated legal relationship between the two also makes the current dual labor protection system unable to respond effectively to this,and also exposes certain problems in the system design and judicial judgment.In this paper,the main research object is the relationship between the takeaway platform and the takeaway rider.Three typical cases are selected as the starting point for the research.By summarizing the dispute focus of the case and analyzing the reasoning part of the judge in the case,we conclude that the takeaway platform under the Internet mode Issues and reasons for the identification of labor relations with relevant practitioners.Finally,countermeasures and suggestions are put forward on the labor relationship identification and rights protection of online contract workers in the foreign sales industry.The first part focuses on the judicial practice of online labor disputes in the takeaway industry,starting from the employment model of the takeaway industry,focusing on the focus of disputes related to the identification of labor relations for online labor in the takeaway industry,and introducing the current courts hearing labor.The key points and difficulties in relation determination cases,combined with judicial practice,lead to the issues discussed in this article.The second part introduces the labor characteristics and labor modes of the foreign sales industry in our country.By comparing with traditional labor relations,we can find out the main problems existing in the labor field of the food delivery industry,and analyze the causes of the problems from the aspects of system design,judicial judgment,rights protection,etc.At the same time,it elaborated and analyzed the current legal identification standards,and found that the mainstream subordination identification standards can no longer fully meet the needs of judicial practice.The last part is based on the prerequisite of the plight of the second part of this article,starting from the aspects of system construction,judicial judgment,rights protection,etc.,to discuss the labor relationship identification standards and labor rights protection methods suitable for our country.That is to say,from the aspect of system design,we can consider building a new type of labor law subject under the existing labor relationship framework to provide a certain legal basis for the labor relationship identification and rights protection of online workers in the current flexible job market.From the perspective of judicial judgment,it is possible to appropriately relax the criteria for determining subordination in the trial and determination of labor relations,and always run through the principle of balance of interests.Finally,from the protection of rights and interests,improve and improve the current social security mechanism,and strengthen the main responsibility of the takeaway platform to pay the minimum security fee for the rider.