Research On The Identification Of The Laborrelationship Between The Network Car Companyand The Driver

The new characteristics of the employment pattern of enterprises under the shared economy cause numerous challenges for the identification of labor relations.Special labor relations such as multiple labor relations and part-time employment forms have become a very popular mode of employment by network technology.The fragmentation of labor time and the differentiation of workplace have become the prominent features of the labor relations.“ Subordinate Standard ” and “ Controllable Standard ” are the basis for the determination of the labor relations and the prerequisite for the application of the Labor Law.Under the shared economy,the transformation of labor employment pattern makes the foundation face challenges.All dispute cases of traffic accident of online car-hailing appearing in various places,such as the Uber case in California,the Uber case in London,the labor dispute case of Yixinyixing in China,involve the identification of the labor relations under the shared economy,among which the online car-hailing services is the most typical.The judicial exploration of the labor relations under the shared economy in Britain and the United States is mainly reflected in the adjudication of Uber ' s labor disputes.Although the old criteria can not adapt to the new mode of employment,the relationship between drivers and Uber is positioned as the labor relationship through the interpretation and argumentation of judges on the basis of the flexibility of case law system making more stringent protection standards for drivers' labor rights and interests.Among current judicial practices in China,it is difficult to identify the relationship between drivers and Internet platforms as the labor relations in labor dispute litigation,but when the nature of the two parties is identified in traffic accident compensation disputes,there are divergences of different degrees in the judicial adjudication because of the difference of application of law.In some practices,it is identified as the “employment relationship”and some are identified as the labor relationship.Differentiation in judicial practice makes it difficult to reach agreement in identifying labor relations of the same nature.In terms of system exploration,the attitude of legislators is also ambiguous in the face of the contradiction between encouraging economic innovation and protecting the rights and interests of workers.As for the identification of the labor relations between the platforms of the online car-hailing services and the driver under the shared economy,the author believes that the platform thinking should be used to pay more attention to the multi-polarizationapplication of the object,and the platforms of the online car-hailing services,the driver and the vehicle as the smallest unit should be analyzed according to different combinations.This paper analyzes the specific methods of identifying the labor relations under different combinations by finite enumeration,and puts forward suggestions for identifying labor relations from legislative and judicial aspects: at the legislative level,it suggests that the concept of laborers should be clearly defined at the level of Labor Law;and at the level of Labor Law and Labor Contract Law,it should be clearly defined as a typologically provision.Adjustments should be made as well in the “Trade Union Law of the People's Republic of China”: form the basic rules of labor relations in the field of Social Security Law System.At the judicial level,make some specific cognizance in judicial interpretation:improve the case database construction in guiding cases.