Research On Legal Issues Of Employment Relationship In Food Delivery Industry

With the rapid development of Internet technology and the continuous upgrading of computer functions,a new round of technological revolution has emerged.The platform economy is supported by the Internet of Things,big data,artificial intelligence,etc.,and is connecting people with people,people and things,and things with unprecedented power,bringing a gust of wind to emerging industries.The new era brings a new employment model.Among the many new types of employment,the food delivery industry is particularly problematic.my country’s food delivery industry has a large market and a large number of riders,and legal disputes between platform companies and food delivery riders are increasing.In judicial practice,there is a problem of inconsistent trial logic in the characterization of the legal relationship between platform companies and workers in new employment forms.It is an inevitable requirement to implement the important instructions of General Secretary Xi Jinping and the decision-making and deployment of the Party Central Committee to accurately locate the identities of workers in new employment forms such as food delivery riders,and design an appropriate legal protection system for emerging labor groups.Based on the theory of subordination,my country’s labor law system adopts the "dichotomy" point of view,applies the identification method of constitutive elements,and gradually forms an independent content and system.In judicial practice,the main basis for judging whether a labor relationship is established between an employee and an employer is the relevant provisions of the Document No.The background of the labor era when the notice was issued has undergone earth-shaking changes.With the evolution of the take-out employment model,the new employment forms take on different forms,including traditional,crowdsourcing,and dedicated delivery modes.Under the crowdsourcing mode,the degree of closeness between takeaway riders and platform companies has not reached the level of subordination of labor relations,but they are different.Because of the equality and independence of civil relations,it poses new challenges to the "dichotomy" institutional framework.The “dichotomy” institutional framework formed in the industrial age has its limitations.The new employment forms such as crowdsourcing labor spawned by the platform economy are significantly different from the labor characteristics of the industrial age.If you insist on adjusting labor relations,it will lead to generalization of labor relations.Disturbing the social labor order and incorporating it into the civil law adjustment system cannot meet the needs of rights protection.The foothold of the balance between the interests of platform companies and takeaway riders lies in the identification of the employment relationship between the two.The rules on the identification of labor relations in my country’s current legal system are difficult to apply to the employment model of food delivery platforms,but they still have their applicable functional value.Judicial organs can specifically identify the labor relationship between food delivery platforms and riders through "general combined with special".A two-step approach will comprehensively examine the subordination characteristics of labor relations in order to jump out of the traditional way of identifying elements of the composition,and avoid deviating from the historical logic clues of the subordination theory.At the same time,on the improvement path of the top-level system in the future,explore the transformation from "dichotomy" to "third method",introduce the concept of intermediate labor service providers,design supporting security systems,and provide food delivery riders with necessary labor rights protection and systems according to the characteristics of the platform’s employment model Inclined to develop a multi-level labor security system.