Research On The Relationship Between Takeaway Riders And Network Platforms And Their Rights Protection

In the era of traditional "dichotomy" of labor relations,the existence of labor relations determines the existence of labor rights and interests protection,and labor relations affect the rights and interests enjoyed by many workers,such as infringement subjects,social insurance,work-related injury identification,trade union protection,etc.With the development of the platform economy,as the main force of the "online contracted labor",Chinese and foreign riders in the new business form have high occupational risk,and the unequal protection of their rights and interests has caused people’s discussion.The characteristics of the employment mode of the network platform make the academic community have different opinions on the identification of labor relations,which affects the protection of the labor rights and interests of takeaway riders.This article takes the determination of the relationship between the takeaway rider and the network platform as the starting point.In the first chapter,in the form of overall investigation and case analysis,through the retrieval of relevant judgments,starting from the actual dispute between the takeaway rider and the platform employment,it summarizes the focus of the dispute and the results of the judgment,and summarizes and analyzes the current situation of the determination of the relationship.The second chapter summarizes the employment form and employment relationship characteristics of takeaway riders,leads to the key of identification-subordinate attribute standard,and carries out relevant analysis.The third chapter analyzes the difficulties and causes of the relationship between the takeaway rider and the platform and the rights protection.The fourth chapter,based on the experience of foreign countries,summarizes the criteria for determining the relationship between the selling and riding riders and the platform employment in China,points out that the combination of case and case analysis is the way of judicial adjudication in the future,echoing from the allocation of the burden of proof,and finally proposes that the protection of the rights of the selling and riding riders needs the joint efforts of the society,the government and all sectors of society,To achieve the balance between the protection of rider’s rights and the long-term development of platform economy.