The Research On The Labor Relations Between The Drivers And The Ride-hailing Companies

With the advent of the sharing economy on the Internet,the Internet platform has spawned many new economic forms,such as BaiDu take-away,MeiTuan and order cars or order chef or other service online,live online and so on.On the hand,such the employment form to provide services to people with the help of the Internet platform enrich and bring convenience to people's lives,increase employment opportunities at the same time.On the other hand,it also presents a new challenge to traditional labor model and labor relations,as well as the social security system.Firstly,in this paper,the author briefly summarizes the current three operating modes of China's online ride-hailing service,and analyzes the forms and characteristics of the use of ride-hailing in the sharing economy;Secondly,by analysis and comparison,the author analyzes the relationship between the platform company and the drivers in the theoretical,legal framework and judicial practice in China and USA.And we can see that the employment relationship between the platform company and the drivers presents the judicial chaos and it is assumed that there is an embarrassing situation in our current legal framework.In order to solve this problem,the author probes into the regulation of the employment relationship between the ride-hailing drivers and the platform companies from the legislative and judicial aspects.In terms of legislation,special rules and regulations can be formulated in the short term and the standard of labor relations should be specified.In the long run,the basic law of labor can be improved,and the administrative regulations and regulations should be formulated.In judicial respect,the author consider that the general principle of justice should be dealt with appropriately with a moderate degree of leniency.Besides,the author proposes to expand the explanation of "pay for the management of the employer".To protect the driver's rights and interests,it can be identified as employment relationship which can not be regarded as labor relations under certain conditions.