Research On The Legal Protection Of Ride-hailing Driver's Labor Rights

With the application of Internet platform software as the core,Ride-hailing has formed a new employment mode,characterized by "platform + individual" and more flexible and portable.At present,our country still lacks the regulation of the protection of the labor rights and interests of the Ride-hailing drivers.Because of the lack of the corresponding laws and regulations,it has caused many labor disputes and the situation that the labor rights and interests of the Ride-hailing drivers have been damaged.The gap in the protection of the labor rights and interests of drivers in this new form of employment also reflects that.The traditional labor law protection mode has been unable to balance the protection of the rights and interests of labor providers under the Internet with the current "Internet + sharing economy" mode of innovation and development.Therefore,it is necessary to study the protection of the labor rights and interests of the Ride-hailing drivers,to explore the labor rights and interests enjoyed by the Ride-hailing drivers,and to break through the existing system obstacles.To make up for the lack of protection of the rights and interests of the net contract workers,which is caused by the lag of the law,which is represented by the ride-hailing drivers.This article carries on the discussion from four parts of the network car driver labor rights and interests protection overview,the realistic predicament,the reason analysis,and the consummation proposal.First of all,the first part of the article introduces the labor and employment mode of the network car-hailing driver,including the overall control mode of the network car-hailing platform and the model of the network-ride-sharing platform implementing certain control.And analyzed the different mode under the net car-hailing driver labor rights and interests confirmation and the protection demand.The second part of the article,mainly discusses the actual plight of the network car drivers' labor rights and interests,including the net car drivers' right to labor compensation,labor safety and health rights and the network car drivers' social security rights damage specific situation.The third part of the article is the analysis of the reasons for the plight of the protection of the labor rights and interests of the ride-hailing drivers.First,the protection system of labor law is not perfect;second,the legal relationship between ride-hailing drivers and the platform is not clear;third,the unity rights of Ride-hailing drivers are not clear.The fourth part of the article puts forward the network car driver labor rights and interests of the improvement of the recommendations on the basis of the previous discussion.First,we should build a three-point structure labor law protection system,clear the scope of the identification of labor relations,add the intermediate type of labor subject,and give appropriate protection within the framework of the labor law.The second is to make clear the specific content of the protection of the labor rights and interests of the net ride-hailing drivers,the protection of their right to remuneration,the protection of the right to work safety and health,and the protection of the right to social security.The third is to make clear the solidarity right of the net car riders,to promote the construction of the trade union,to make clear the collective negotiation right of the net car riders,and to give play to the role of trade unions in safeguarding the rights of the trade unions.