Research On The Legal Issues Of Determining The Labor Relations Of Online Delivery Workers

In recent years,with the rise of "Internet+" business model,the rapid development of online platform economy has led to the trend of diversification and flexibility of labor employment methods,which has a great impact on traditional labor relations.There are differences in theory and judicial practice as to whether it is a new type of labor relationship or an extension of the traditional labor relationship.At present,China’s laws lack a clear definition of labor relations,and the protection of labor relations is only tendentious.Under the "dualistic" protection model in China,there is no buffer zone for relative protection,and the basic rights and interests of new employment groups such as online delivery workers cannot be protected under this model.In actual judgments and theories,there are different opinions on the determination of labor relations disputes.There are also widely divergent opinions on cases and theories on the resolution of labor disputes.Actual decisions have relied too much on the basic elements of traditional labor relations,applying the "all-or-nothing" rule to individual cases and ignoring the substantive considerations of the case.Taking "the concept of online delivery workers’ labor relations and the current legislative situation" as the starting point,we introduce the basic theories and the current legislative situation involved in the recognition of online delivery workers’ labor relations from three aspects:"definition of relevant concepts","characteristics of the recognition of online delivery workers’ labor relations" and "current legislative situation"."The main part of the paper is to discuss the definition of concepts,and this part is mainly to pave the way for the theoretical foundation of the later paper.Secondly,we take "typical case analysis on the determination of labor relations of online delivery workers" as the starting point,and select four typical cases on labor disputes of online delivery workers for analogical analysis and comment on the typical cases.The main reasons for the dilemma of determining labor relations of online delivery workers include the challenges caused by the characteristics of new employment relations,the lagging mode of determining labor relations and the rigid application of laws in China,and the lack of relevant legal basis for determining labor relations.After that,the criteria for the recognition of online delivery workers are introduced.Lastly,the authors put forward targeted suggestions from three aspects,such as typifying the employment relationship between online delivery workers and the platform,improving the judicial thinking on the determination of labor relationship between online delivery workers,and constructing a "three-division" structure for the determination of labor relationship,hoping to help and solve the problem of the determination of labor relationship between online delivery workers.