Study On Identification Of Labor Relations Of Delivery Riders

Among the changes in the labor market,the rise of the Internet platform is the most striking,At the same time,traditional labor law also faces the test of new economic relations and employment forms,Such challenges are highlighted in the identification of legal relations and responsibility in the employment of Internet platforms.Understanding the operation practice of platform employment mode is the premise of employment relations research,Since the development of the takeaway platform,there have been three employment modes in general,namely self-management mode,crowdsourcing mode and outsourcing mode,Self-operated delivery mode means that the platform directly hires riders to provide delivery services,This traditional model,in which the platform has high labor costs and employment risks,resulting in high delivery costs,has been abandoned;In the crowdsourcing mode,everyone may work for the takeaway platform,and riders have strong independence and autonomy,which falls into the category of labor relations;The outsourcing mode is the most complex labor mode,because the introduction of a third-party distributor breaks up the labor chain from the initial platform to the riders,The two share the management rights of the algorithm,and in fact share the labor,forming a triangular labor relationshipIn the outsourcing mode,whether there is labor relationship between a large number of delivery riders and takeaway platforms or distributors has generated a great dispute in judicial practice,Whether the recognition of labor relations is related to whether the rider can obtain the protection of labor rights,because the identification of labor relations can protect workers to the greatest extent.Based on the comparison and analysis of a large number of judicial cases of labor relations identification of delivery riders,this paper finds that the complicated outsourcing mode of labor relations increases the difficulty of labor relations identification,It is extremely difficult for the court to determine the existence of labor relations between the riders and the takeaway platform,and the identification situation between the riders and various distributor is not optimistic,With flexible employment forms and hidden management and control,delivery riders possess both flexibility and subordination,From the perspective of judicial judgment,this new type of employment of delivery riders still adopts the judgment standard of traditional labor relations,Due to the unclear standards for the identification of labor relations and the different understanding of the new employment mode,the judicial practice for the identification of labor relations review elements and emphasis are also different,there is a conflict between the reasons of judgment and the value orientation.This paper believes that we should see the nature of labor relations through the complex employment mode,and put forward suggestions on the judgment of labor relations identification of the delivery riders from three aspects: breaking through the limitation of contract representation,clarifying the specific consideration factors of the attributes and strengthening the examination of the subjective nature of the platform labor,In addition,the supporting system should be perfected,the identification standards and protection rules of the multi-score method should be established by learning from foreign experience,and the platform should be clearly required to assume certain protection obligations for platform practitioners,and the rights and interests protection system of delivery riders should be improved.