The Affirmation Of The Labor Relations In The Taxi Industry

This thesis introduces a case of the affirmation of labor relations that went through the Labor Dispute Arbitration and two levels of People's Court.All parties of this case hold different views,and diverse opinions also exist within the Judicial Departments.By analysis,we think the root of the differences lies in the different opinions on the affirmation standards of labor relations.This thesis intends to give academic analysis and demonstration on how to ascertain the affirmation standards of labor relations,how to define the labor relations under different modes of Taxi operations and how to define the legal relations of the said case.This thesis is divided into four parts excluding the Introduction.The first part gives a brief introduction to the case and brings out the key disputes.Xie demands to affirm the labor relations between him and the Transportation Company he worked for from 2009 to 2014.The key dispute is that is there a labor relation between Xie and the Transportation Company? The key to settle the dispute is how to confirm the affirmation standards of labor relations in the Taxi industry.The second part is about the basic theories of the affirmation standards of labor relations.Labor relations is a form of social relation that the laborers combine means of production of the entity he/she works for by providing subordinative labors for the purpose of obtaining payments.The main characteristics of the labor relations are the nature of subject specificity,the nature of subordination,the nature of financial benefits and the nature of society.The internal standards of the affirmation of labor relations should be nature of subject specificity,the nature of subordination and the nature of financial benefits,among which the nature of subordination is the core standard.In the area of nature of subordination,the applied nature of subordination shall be the main standard while the organizational nature of subordination shall be the auxiliary standard.By combining the internal standards of labor relations on three aspects,this part analyses the exterior characteristics to affirm the labor relations and illustrates the importance of the affirmation standards of labor relations.The third part is affirmation of the modes of Taxi operations and the labor relations in this industry.Nowadays,the major two categories of Taxi are Traditional Cruise Taxi and the Online Reservation Taxi.The operating modes for Traditional Cruise Taxi are Contract Mode,Cooperation Mode,Affiliation Mode,Independent Mode and Public Running Mode.The operation modes for Online Reservation Taxi are Private Vehicles + Private Owners Mode,Rental Company Vehicles + Labor Service Drivers Mode,Platform(App Provider)Vehicles + Platform(App Provider)Drivers Mode and Cruise Taxi + Cruise Taxi Drivers Mode.The affirmation of the labor relations under different operation modes is based on the comparison analysis between the interior standards and exterior characteristics.The conclusion is that for the Traditional Cruise Taxi,the labor relations exist in the Contract Mode and the Public Running Mode while the Cooperation Mode,the Affiliation Mode and the Independent Mode don't exist the labor relations.For the Online Reservation Taxi,Platform(App Provider)Vehicles + Platform(App Provider)Drivers Mode has the labor relations,the Private Vehicles + Private Owners doesn't have the labor relations,the labor relations in the Rental Company Vehicles + Labor Service Drivers Mode exist between the driver and the labor service company,while the determination of the labor relationship in the Cruise Taxi + Cruise Taxi Drivers Mode shall be determined per the specific operation mode.The fourth part is the analysis on the affirmation of labor relations and inspirations of this case.Though the Transportation Company has the ownership and the operation rights of the Taxi,the management mode is still the affiliation mode.Considering the nature of subject specificity,the nature of subordination,the nature of financial benefits,the conclusion is that there is no subordination between Xie and the Transportation Company,thus there is no labor relation between the two parties.The inspiration is that in the process of affirming the labor relations,it must be clarified that there are differences between the ideal labor mode stipulated by government and the reality.Dialectical considerations shall be given when considering the legal relations between the parties,which is based on the facts,the basic theories and the core standards.Only in this way,we can achieve the most accurate and practical conclusion.