Study On The Legal Protection Of The Labor Rights And Interests Of Chinese Foreign Riders

With the continuous development of the sharing economy,the Internet and enterprises are deeply integrated,new forms of employment are emerging,and online taxi drivers,take out riders and other employment groups have emerged.According to statistics,the number of flexible employment in China has reached 200 million,including 7.7 million take away riders.As a typical flexible employment group,take away riders show more flexibility than the traditional employment mode,and quickly occupy the labor market with this advantage.Although delivery riders have more advantages than ordinary workers and can quickly integrate into the labor market,it is more difficult to protect their rights and interests than ordinary workers.The employment mode of take out riders has been weakening from its attribute,and it is difficult to apply the current standards for identifying labor relations.In judicial practice,local courts have different understandings of the employment mode of foreign riders,and the recognition standard of traditional labor relations is single and rigid,resulting in the phenomenon of "different judgments in the same case" from time to time.In order to reduce the labor cost,the enterprise adopts the method of concealed employment to avoid legal liability,which makes it more difficult to protect the rights and interests of takeaway riders.With the increasing number of riders and the increasing number of labor dispute cases,the protection of the rights and interests of take out riders has become an urgent problem to be solved.This thesis uses the methods of comparative analysis,case analysis and data investigation to study the protection of the rights and interests of take out riders.The article points out the problems and reasons of the rights and interests protection of foreign riders,and puts forward some suggestions to protect the labor rights and interests of foreign riders by learning from the relevant foreign systems and judicial practice.In addition to the introduction and conclusion,this thesis mainly includes four parts:The first part is an overview of the labor rights and interests of takeout riders.This part expounds the concept and identification standards of labor relations in China,and further analyzes the nature identification of the labor relations of takeout riders.On this basis,combined with the current situation of labor rights and interests protection of takeout riders,the necessity of protecting the rights and interests of takeout riders is pointed out.The second part is about the problems and reasons of the labor rights and interests protection of Chinese foreign riders.This part expounds a series of problems in the protection of the rights and interests of takeout riders,such as confusion in the identification of labor relations,unequal rights and obligations between riders and platforms,difficulties in protecting basic labor rights and interests,and the general lack of security of takeout riders,and on this basis,combined with China’s existing laws,makes a detailed analysis of the causes of the above problems.The third part is about the experience of foreign takeout rider system.This part first elaborates the system of labor relations identification of new employment groups,including foreign selling jockeys,and the specific provisions on the protection of rights and interests of new employment groups,such as foreign selling jockeys.And on this basis,it further elaborates the enlightenment on the protection of the rights and interests of takeout riders in China.The fourth part is the suggestions for the improvement of the labor rights and interests protection of Chinese foreign riders.This part is the core of this article.In view of the problems raised in the second part of this article,the author draws on the experience of foreign countries and puts forward corresponding suggestions on the protection of the labor rights and interests of Chinese foreign riders.The author believes that the solution to the problem of the protection of the labor rights and interests of foreign selling riders needs to start from three aspects: legal norms,judicial recognition and labor security: at the level of legal norms,taking the attribute as the core recognition standard,recognizing other types of labor relations subjects,and establishing a ternary structure of labor relations recognition system;At the level of judicial determination,appropriately relax the identification standards of labor relations,issue guiding cases,and agree with the judgment ideas;At the level of labor security,we should clarify the main responsibilities of platform enterprises,improve the social security system,and strengthen the role of trade unions in the protection of labor rights and interests.