Research On The Legal Protection Of Taxi Driver’s Labor Rights

After30years of reform and opening up，China has transformed from anagricultural society to an industrial society rapidly，and become an important "factoryof the world". In this process，labor problems such as labor disputes，labor conditionsand labor compensations inevitably get its growing momentum. Some theoristsgeneralized the Present era as "post-industrial" era，in this era，alongside with thetypical mode of production of Fordism and concentration employment，there has beenmore and more flexible employment and dispersed employment. This change coupledwith the accelerated process of globalization since the1990s，has caused relativelystable labor relations in Western developed capitalist countries changing greatly.Nevertheless the labor problems in China may be more complicated than othercountries. In recent years，issues such as taxi drivers’ extra labor time，low laborremuneration and the outage of "tinyun"(停运)"caused great concern in society. Thetaxi industry is a typical industry which can adopt flexible employment and dispersedemployment，coupled with China’s current stage of reform，the labor problems in thetaxi industry is extraordinarily complicated.The damage to the labor rights of taxi drivers proposed the corresponding legaltheory and legal practice research topics. From a legal point of view，the paper arguesthat the conflicts of interest within the taxi industry and the damage to taxi drivers’rights and interests is fundamentally originated from the ambiguity of the legalrelations within the industry and the insufficient of the labor legislation system.This paper consist of three parts: firstly，we will define some key concepts andideas within the labor law theory and practice. Secondly，we will explore the patternsof operation within the taxi industry in China currently，and the legal relationship ofthe relevant stakeholders under each pattern. Thirdly， we will investigate thepossibility of reform the legal systems of labor laws which can provide a better frameto protect laborers’ rights and interests.