Research On The Identification Of Labor Relations Of Food Delivery Workers Under The Crowdsourcing Model

The continuous development of the Internet economy has not only changed the production and lifestyle of modern society,but also gave birth to new forms of employment under the platform.The forms of employment have become flexible and diversified.The new challenges have brought difficulties to judicial practice,and at the same time,the labor rights and interests of relevant practitioners cannot be guaranteed,and takeaway delivery personnel under the crowdsourcing model are an important group of them.How to solve the practical dilemma of crowdsourcing delivery workers in the current intensifying social contradictions is a problem that needs to be studied and solved urgently in the current academic circles,and the research on the labor relationship identification standards and rights protection methods of crowdsourcing delivery workers is not only of theoretical significance It also has practical significance.The theoretical significance lies in the fact that the research on the identification of labor relations and the protection of rights and interests of platform employees in my country is relatively weak at this stage,and theoretical guidance is urgently needed.The practical significance is that it can effectively solve the protection of the rights and interests of relevant groups,and achieve a win-win situation in the protection of the rights and interests of food delivery workers and the development of the platform economy.This paper firstly defines the employment model of the research object,that is,the takeaway platform.There are two existing takeaway delivery modes.One is the special delivery mode,which does not belong to the scope of the new employment relationship because it is well-documented in legal norms and has rich judicial practice experience.The second is the crowdsourcing model,which is different from the traditional labor relationship in terms of the characteristics of the labor relationship due to its higher degree of autonomy and flexibility,and it is an object worthy of attention and research.Therefore,this paper focuses on the research on the crowdsourcing mode,searches a large number of cases involving the determination of labor relations related to takeaway delivery workers under the crowdsourcing mode in the case database,and sorts out the reasons for the different judgment results determined by the judges under this mode,and analyzes the cases.Summarizing the facts of the case and the main points of the judgment,it is found that there are frequent cases of similar cases but inconsistent judgments.Moreover,under the protection model of the existing dichotomy of labor relations,the basic rights and interests of food delivery practitioners who have not identified labor relations cannot be guaranteed.In response to this phenomenon,it is necessary to return to the essential attribute of labor relations and subordination to analyze the employment relationship of crowdsourcing delivery personnel.The basis is the judgment rule of subordination,and although the personality subordination of the crowdsourcing delivery personnel is weakened because of autonomy,this is not a reason to deny the labor relationship.The traditional concept of labor relationship judgment is still applicable and not outdated,because the personality subordination There are two kinds of issues: the strength and the existence of a subordination of the personality.It represents the unequal status of labor and capital,and it is necessary to apply the adjustment of labor relations.Therefore,it is feasible for crowdsourcing delivery personnel and platform companies to establish labor relations..Since crowdsourcing delivery workers can establish labor relations,it is still difficult to judge the employment relationship in judicial practice.The reason for this is that this paper believes that it should be explained from the following two dimensions.First,the employment characteristics of crowdsourcing delivery workers are different.The characteristics of the past have led to limitations in the identification standards of labor relations in my country at the current stage,which have had an impact on the traditional theory of labor relations.And under the characteristics of diversity,the comprehensiveness of the elements can no longer meet the needs of the rapid development of society.Second,the single adjustment mode of labor law leads to cautious judicial determination.In my country’s current system,labor relations are tied to social security.Once identified as labor relations,it will impose a greater burden on platform companies and is not conducive to the development of the sharing economy.Therefore,in terms of the solution to the problem,this paper believes that the concept of subordinate labor relationship should be implemented,the legislative system should be reformed for the identification standard of labor relationship,and the "element-based" to "element-based" should be transformed to protect the delivery staff.Under the premise of emphasizing the "existence" of personality subordination,the legislative design is carried out in conjunction with economic subordination as the basis for the judgment of labor relations of crowdsourcing couriers.At the same time,in terms of protection of rights and interests,it does not have the strength of personality subordination in the past,so it is not necessary to apply all the protection methods of labor relations.A multi-level labor law adjustment model should be established to effectively protect the rights and interests of food delivery workers,and solve the problem from the perspective of legislation.