Study On The Recognition Of The Employment Relationship Of Takeaway Riders

The booming "Internet plus" economy has activated China’s labor employment market.Internet based platform enterprises have created a series of new employment patterns,created new employment relations,and created a large number of flexible workers.As a flexible employee,takeaway riders have joined various takeaway platforms,but their legal relationship with the platform is different from that under the traditional employment model.It is difficult for us to use the existing labor relations identification standards to explain the employment of the outsourcing platform.This exposes numerous issues,including system design and judicial adjudication.Through judicial practice investigation of labor disputes involving delivery riders,it was found that different courts have differences in the identification requirements of labor relations.The main reason for this is that the labor relationship judgment criteria established by the Ministry of Labor and Social Security [2005] No.12 have certain limitations.Traditional labor relations have relatively lagged behind in terms of attribute standards,such as the gradual disconnection between personality attributes and reality,and the lag of economic attributes behind economic development.In addition,the binding of employment rights protection and labor relations makes it difficult for delivery riders to obtain corresponding protection through labor relations recognition.The current employment model of delivery platforms has broken the institutional inertia and judicial logic of labor relationship recognition,so we should increase the flexibility and adaptability of attribute theory.At the same time,a system of incomplete labor relations should be established and an independent adjustment mechanism should be established to ensure that labor subjects who do not fully comply with labor relations enjoy corresponding labor rights and interests,and the employment security system for delivery riders should be improved through flexible insurance participation and other methods.