Study On The Judicial Cognizance Of Labor Relation Involving The Online Taxi-hailing Driver

The online taxi-hailing service builds a service platform based on Internet technology and uses a business model different from the traditional taxi service.This innovative business model presents some characteristics in the employment,such as diversified employment subjects,differentiated business contents and weakened management intensity.Under China's current labour relationship accreditation criteria,the labour relationship subject model constructed between a single employer and a single labourer is presupposed as the logical premise,in which the labourer engages in the business of the employer and managed by the employer.If the current accreditation criteria of labour relationship are applied employment of online taxi-hailing service,there are limitations such as the limited subject model of employers,narrow understanding of employer's business and lacked specific considerations for the interpretation of the employer's management.Therefore,the legitimate rights and interests of drivers cannot be protected reasonably.To this end,the author proposes to take the dependency degree between the labor dispatch service enterprise and the enterprise to be dispatched as a reference standard and to introduce the theory of joint employer responsibility,so that the labour relationship exists not only between the driver and the driving service company but also between the driver and the online taxi-hailing service platform company.Through reviewing the subordination of the online taxi-hailing service platform company and the driver,the author thinks that if the operating profit of the company is derived from the transportation provided by the driver,the transportation business should be determined as the business scope of the company.The examination of compliance with the "management" of the employer,which was made in the whole process of labour,shall be focused on the stage at which the labourer accepts a task.Taking that the labourer only accepts the task based on the will of the employer as the criterion for judging solves the problem that the current accreditation criteria is difficult to be applied to emphasizing the professional skills of labourers and the employment of independent innovation.