Research On The Identification Of Labor Relations Between Online Delivery Workers And Platform Enterprise

This thesis studies the determination of labor relations between online delivery workers and platform enterprises,aims to discuss the problems encountered in judicial practice of labor relationship determination,and combines the basic theory of labor law to deeply analyze the employment relationship between online delivery workers and platform enterprises,so as to put forward suggestions for improving the identification of labor relations in China.The development of the sharing economy and the emergence of the new employment model of "Internet +" on the one hand make the relationship between online delivery workers and platform enterprises more flexible,on the other hand,it also aggravates the instability of the employment relationship between the two parties,which brings great challenges to the traditional labor relationship recognition standards.Since the rights and interests related to rest and vacation,social security and other rights in China’s labor law are established for persons with the status of workers,determining whether the labor relationship between online delivery workers and platform enterprises constitutes is the primary condition for online delivery workers to enjoy labor rights and interests.This thesis adopts the case analysis method to analyze three labor relationship dispute cases between online delivery workers and platform enterprises,and it can be seen that the focus of the disputes mainly focuses on the definition of the nature of the written contract between online delivery personnel and platform enterprises,whether it constitutes a(factual labor relationship)and the allocation of the burden of proof.After analyzing the focus of the dispute,it is concluded that in the process of determining labor relations,there are problems such as the nature of the written contract that is difficult to judge,the different adjudication standards in judicial practice,the lag in the criteria for determining subordinate attributes,and the unreasonable distribution of the burden of proof between the original defendants,which leads to frequent occurrence of different judgments in the same case and aggravates the employment contradiction between online delivery workers and platform enterprises.In order to solve the above problems,the thesis puts forward corresponding suggestions for improving the causes of the problems.First of all,when a written contract is signed between the parties,the court should explore whether there is an agreement between the two parties to establish an employment relationship,and examine the existence of subordinate attributes based on multiple factors;At the same time,strengthen the responsibility awareness of platform enterprises and improve the legal awareness of online delivery workers.Second,unify judicial adjudication standards through the release of guiding cases;Judges flexibly use the criteria for determining the criteria for determining the attributes of the attribute,analyze specific issues on a case-by-case basis,and improve the applicability of the criteria for determination;In the long run,change the binary protection model to build a ternary protection model to realize the categorical protection of workers.Finally,the problem of unreasonable allocation of the burden of proof can be solved by introducing rules on the presumption of labor relations and establishing a fallback clause on the burden of proof.