Research On Labor Rights Protection Of Takeaway Riders Under Chinese Platform Economic Model

The rapid development of platform economy has given birth to a large number of new business types of labor.Compared with the traditional labor relations,the labor rights and interests of the new business types of workers are always in chaos.The occupational types and employment forms of the new business are complicated,among which takeaway rider,as one of the typical occupational types,has attracted a large number of idle labor in recent years due to its low employment threshold.Currently,the employment patterns of takeaway riders in our country are roughly divided into four types,which are self-support pattern,crowdsourcing pattern,special delivery pattern and individual merchant patterns.Among them,the legal relationship between the self-operated Chinese and foreign selling platforms and the delivery riders is relatively simple,while the crowdsourcing form,the special delivery form and the individual industrial and commercial forms are generated by the delivery platform enterprises to reduce labor costs and avoid labor responsibilities,so the legal relationship is relatively complex.Platform enterprises evade employment responsibilities as employers,resulting in damage to the basic labor rights and interests of delivery riders,coupled with the impact of algorithm technology on the labor rights and interests of delivery riders and the different judicial adjudication of labor dispute cases involving delivery riders,all of which result in the difficulty of safeguarding the rights of delivery riders.The reason why it is difficult for the delivery riders to protect their rights is that the identification standards of traditional labor relations have fuzziness in the new economic form,the identification standards of labor relations in our normative documents are not perfect and the government is weak in the supervision of platform enterprises.The identification of labor relations is the starting point for workers to protect their labor rights and interests.An important premise for the identification of labor relations between delivery riders and platform enterprises is whether the traditional labor relations theory can continue to be applied under the platform economic model.The existence of labor relations is a prerequisite for workers to apply the social insurance system.In practice,it is difficult to identify the labor relations between delivery riders and delivery platforms,so it is difficult for delivery riders to enjoy the comprehensive protection brought by social insurance,especially the industrial injury insurance system.Therefore,it is suggested to clarify the employment relationship between delivery riders and delivery platforms by refining the identification standards of labor relations in the employment of delivery platforms,and to protect delivery riders in non-labor relations by lowering the insurance threshold of industrial injury insurance system in social insurance.By regulating the algorithm technology of takeout delivery platform enterprises,strengthening the judicial protection of takeout riders,strengthening the government’s supervision of platform enterprises and giving full play to the collective negotiation of labor unions,we can jointly safeguard the labor rights and interests of takeout riders under the new business mode.