Research On The Confirmation Of Employment Relationship Of Internet Taxi Drivers In China

In today’s society,the combination of the sharing economy and the Internet has profoundly changed the lives of each of us.Car-hailing platforms such as Didi Chuxing and Cao Cao have become an integral part of the urban public travel system.However,at the same time,Labor disputes between online car-hailing platforms and online car-hailing drivers have also gradually increased.Regarding the employment relationship with new characteristics that appears under this new situation,is it the proper meaning of the original labor law-related system,or is it a new type of special labor relationship that has been nurtured with social development? The academic and practical circles have not reached a unified under standing,and even have completely different views.The definition of employment relationship is of great significance to the development of the industry and even the development of the sharing economy,so it is necessary to conduct in-depth research on this.This article mainly analyzes through five parts:First of all,this article introduces the current development status of online car-hailing platforms,leads to the identification of the relationship between platforms and online car-hailing,and summarizes the representative opinions of the the oretical community,legislative regulations,and the representative identification results of courts in judicial practice.To sort out and put forward the main manifestations of disputes over online car-hailing employment relations.Secondly,this article sorts out the different forms and characteristics of current online car-hailing employment,which mainly includes three forms,namely part-time flexible employment personnel,full-time flexible employment personnel and traditional employment personnel.The employment characteristics of each type of employment are different.Third,this article analyzes the logic of the current employment relationship determination,and clarifies the factors on which the conclusion of the current employment relationship judgment is based.On this basis,this article takes into account both the macro and micro levels and puts forward the considerations that are ignored in the above-mentioned traditional online car-hailing employment relationship determination.This article believes that the comprehensive consideration of the above factors shows that the identification of online car-hailing employment relationship should not only take into account the needs of the present,but also reflect future trends and developments.It should not only leave enough space for the development of platform companies,but also The interests of platform drivers are considered,and one cannot lose sight of the other.Based on this,this article assumes that the employment relationship of online car hailing drivers can be classified and identified,and the basis of this classification is the determination of the current sharing economy register.By distinguishing between different modes of sharing economy,we can identify which models of employment relationships should encourage the application of new standards,and which models of employment relationships should comply with current standards.Therefore,combined with the aforementioned three types of employment of online car-hailing drivers in my country,this article believes that the employment relationship of online car-hailing drivers can be identified as "labor relations","part-time labor relations" and "labor relations" respectively.