An Empirical Study On The Identification Oflabor Relationship On The Online Delivery Clerk

The vigorous development of the Internet platform economy has accelerated the industrial reform,resulting in a series of new business employment modes relying on the "Internet plus" platform,and the new occupation of online appointment and distribution worker was born.How to define the employment relationship between platform enterprises and online distribution personnel is one of the key issues in current labor law research.It is of great significance to protect the labor rights and interests of online distribution personnel and promote the sustainable and healthy development of the platform economy.Compared to traditional professions,online distribution exhibits greater flexibility and autonomy in the labor process,which is outwardly separated from the management of takeaway platform enterprises.However,the technical control brought by the new employment mode hides the management of platform enterprises,which makes the employment relationship of online distribution personnel have the appearance of civil legal relations,and also includes some elements of traditional labor relations.The definition of labor relations in China’s current laws adopts a "labor dichotomy" framework,based on the theoretical basis of labor dependency,and the specific identification criteria are relatively simple and extensive.In practice,local courts often rigidly apply traditional labor relations recognition standards,adopting different judgment ideas and value orientations,and obtaining different judgment results.Some judges believe that there is a lack of some traditional identification elements and it is not appropriate to identify as a labor relationship.Some judges believe that online distribution personnel are weak individuals who need preferential protection under the labor law,and traditional labor relationships are no longer suitable for the new employment model.The employment patterns of takeout platforms are diverse,and the contract signing,labor management,and nature of work(full-time or part-time)of online delivery personnel vary under different employment patterns.In addition,platform companies are constantly innovating on employment patterns,and disputes over labor relations among online delivery personnel have shown some complexity.No matter how the employment model develops,the essence of labor relations will not change,that is,the right of workers to freely control their own labor is transferred to the employer in exchange for labor remuneration to meet the needs of survival;Employers manage and control the exchange of labor by providing workers with means of production,labor conditions,labor protection,labor remuneration,labor benefits,etc.,in order to obtain operational benefits.In the era of platform economy,the identification of labor relations should not be restricted by the standards of the industrial era,but should reflect the diversity and flexibility of the era.On the basis of adhering to the fundamental characteristics of labor relations,we should balance the interests of all parties.By analyzing the specific focus of disputes in current judicial practice,analyzing the specific reasons for the problems,and combining the legislative and judicial realities in the field of labor law in China,this paper explores countermeasures to solve the issue of determining the labor relationship of online distribution personnel,so as to provide due protection for the labor rights and interests of online distribution personnel.