Research On The Applicable Laws Of Labor Dispatch In Platform Econom

The most obvious difference between the model employment in the platform economy and the traditional economic employment model lies in the control of the algorithm on the platform practitioners.Algorithmic control blurs the subordination of the labor relationship between the platform and workers,especially in the case of labor dispatch,where no labor contract has been signed between the platform and the workers,and the algorithm blurs the subordination between the platform and the workers.The attribute relationship has led to the frequent occurrence of "fake outsourcing,real dispatch" in the platform economy,trying to cover up the existence of labor dispatch labor relations.Online takeaway delivery is a typical pattern in the platform economy,with a large group of employees,and delivery workers need to race against time during the takeaway delivery process,and it often happens that takeaway riders are injured by traffic accidents.However,because the algorithm blurs the subordination of the labor dispatch labor relationship,the tort liability for food delivery traffic accidents is extremely common in labor dispatch disputes.In the employment situation of "fake outsourcing,real dispatch",the platform actually tightly controls the entire delivery process of the delivery staff through algorithms,restricts the delivery time and route of the delivery staff,and enjoys the labor results of the delivery staff,which is actually inconsistent with the labor outsourcing employment.This employment mode is essentially labor dispatch,so the tort liability clause of labor dispatch employees in paragraph 2 of Article 1191 of the Civil Code applies.In judicial practice,some courts have found that a labor dispatch relationship exists,but there is room for refinement of the clause on the liability of the labor dispatch service provider in the legal norms,resulting in inconsistent judgments in similar cases on whether the labor dispatch service provider needs to bear tort liability and whether the employer can recover compensation after assuming responsibility.In order to solve the problems of determining the legal relationship of the parties and the assumption and allocation of tort liability under this employment model,four controversial cases belonging to this employment mode are first selected,and the focus issues such as whether a labor dispatch relationship is established and how to allocate tort liability are summarized.Secondly,this paper analyzes the legal relationship of labor dispatch and the tort liability relationship of labor dispatch employees,and explores the rationality of applying the tort liability system of labor dispatch between platform enterprises,third-party companies and delivery workers in the platform economy from a theoretical perspective.The third part is to analyze the causes of the focus of the dispute,mainly including the inconsistency in the determination of the applicable conditions of labor dispatch and the nature of the outsourcing agreement when the court judges the labor dispatch relationship,and the incomplete legal provisions on the subordination standard for the determination of labor relations and the tort liability of labor dispatch employees,and there are three reasons for the emergence of new characteristics of platform economy employment that are different from traditional employment.Finally,it is proposed that the labor dispatch relationship should be determined from the substantive employment level and the tort liability should be reasonably distributed,in order to provide suggestions for promoting the rule of law and sustainable development of the platform industry.