A Study On The Recognition Of Labor Relations In The New Delivery Industry

The development of e-commerce logistics industry has promoted the rapid expansion of express delivery enterprises,and the group of express delivery personnel has continued to grow under the new normal of the economy.Their work and life conditions reflect the current economic development,labor relations and social structural transformation.In order to reduce costs,many large courier companies have adopted the form of franchising to find partners to represent their own express services in their non-main areas,and then there have been various forms of business such as subcontracting,subcontracting,commissioning,contracting,and contracting.As a result,the diversification of business forms makes the express delivery industry in the use of a lot of chain,express delivery and delivery company between the nature of the legal relationship is difficult to determine.In the course of the trial,because of the unclear provisions of the law,it is difficult for the judge to convince the parties when he hears such cases.The author examines the cases from the perspective of the court judgment,analyzes and studies the difference between the employment relationship of the courier industry in judicial practice,such as the civil relationship and the labor relationship,and the difficulties in identifying the existence of labor relations during the transition process.The "unified supervision" mode of express delivery headquarters has an impact on the current employment relations in the express delivery industry and the rights of express delivery personnel themselves,and seeks corresponding measures to protect the legitimate rights and interests of express delivery personnel.Judging from the relevant cases,in most of the cases of labor disputes between express delivery personnel and express delivery companies,the labor relationship has not been finally identified,and this brings about the lack of labor rights and interests such as social security and labor protection for express delivery personnel.The development of science and technology,the rise of new forms of business,the complexity of cases,and the diversified business model of the express delivery industry have brought challenges to judges in handling cases.In order to avoid the intensification of contradictions between employers and employees,it is relatively conservative for the courts to adopt a relatively conservative trial method.It is prudent.This article intends to analyze the judgment and related theories of this kind of case,so that the problems arising from the judicial practice can be more clearly presented to the public,so as to be helpful in solving such cases.