A Study On The Legal Issues Of The Adjustment Of The Employment Relations In Takeout Industry

With the increasingly perfect information infrastructure construction and the increasingly mature Internet information technology,people are more and more sharing information and resources through the network platform and flexibly choosing the way of consumption.Although the catering industry has existed for a long time,it is now showing the trend of new development of the old industry.Data shows that in 2018,the size of China's Internet take-out market will reach 243 billion yuan,and the number of online meal ordering users will reach nearly 350 million.With the gradual expansion of the take-out market,take-out practitioners have formed a new employment group.There are various labor modes in China's takeout industry.In stark contrast to the booming take-out industry with innovative operation mode and the growing distribution team,the problems such as "the take-out boy runs a race against death to deliver take-out food,encounters traffic accidents","the take-out worker receives bad comments and complaints,and suffers from loss of voice in the night" are frequently reported,and the rights and interests of the take-out worker are seriously inadequate.From the perspective of the basic situation and judicial cases of labor in the takeout industry,the main problem in the labor relationship in the takeout industry lies in the fact that both the takeout platform and its agents deny the existence of labor relationship with the takeout staff,thus resulting in disputes over working hours and industrial injuries.The adjustment of labor relations is divided into three levels: the macro level is the labor standard law applicable to all labor relations;The middle level is to adjust collective labor relations by collective contract.Microcosmic level is the individual labor relation that adjusts with labor contract.Based on the three-level adjustment model of labor law,it can be found that the takeout industry has problems in the application of law,collective negotiation and labor contract management of labor relations.Based on the complexity of labor in take-out industry,the current labor standards law can be revised to adapt to the development of new business forms,and the labor standards law can be applied differently according to different labor models.On this basis,it actively promotes collective negotiation in the takeout industry,including labor remuneration,personal injurycompensation and other contents related to the immediate interests of the takeout operators in the scope of negotiation,and coordinates the interests of both parties in the labor relationship.In addition,the labor contract and the exercise of punishment and dismissal rights should be further standardized,so that the labor relations in the take-out industry can be adjusted from the macro,medium and micro levels.