Research On Non-Standard Labor Relations Of The Online Car Rental Platform

The vigorous development of the Internet economy and mobile payment has made the online car-hailing method more popular.This new type of travel also brings new challenges to traditional labor relations.It is free from the employment relationship under the traditional labor contract employment system.There is no fixed-term labor contract or fixed labor time,and as long as you have the qualification to drive a motor vehicle,you can participate in the operation of the online car-hailing platform.New-type labor relations have brought more employment opportunities,more flexible employment methods,and also met the needs of people traveling at any time.However,it also makes labor relations more complex and changeable.my country's "Labor Contract Law" and "Labor Law" for the legal regulation of this non-standard labor relationship is not perfect,and there is no specific definition of standards.Therefore,in actual judicial decisions,the lack of legal provisions often results in the same case and different judgments.The lag of the law has also caused workers in non-standard labor relations to lack relevant legal protection,and is often in a weak position in judicial decisions;at the same time,it has also prevented non-standard labor relations from developing for a long time.Therefore,the related academic research on non-standard labor relations needs to be developed and explored more urgently to provide reference and reference for judicial practice.Based on this purpose,this article combs and analyzes the non-standard labor relationship of the online car-hailing platform,and puts forward the definition of the labor relationship between the driver and the platform and the suggestions on legal regulations.The first chapter mainly introduces the traditional labor relationship theory and non-standard labor relationship theory,and classifies them.The confirmation standards of traditional labor relations are mainly the theory of the two universities,the theory of subordination and the theory of control.Non-standard labor relations theory is divided into layered protection theory and middle layer protection theory.Finally,the analysis of non-standard labor relations has the characteristics of "three points" and "three in one".The second chapter is mainly from the perspective of labor law,social security law,etc.to carry out legal analysis of the four different modes of car-hailing.The private carmodel,the car rental model,the full-time driver model,and the substitute driving model.Under different models,the labor relationship is also different.The private car model belongs to multiple labor relations;the full-time driver model belongs to the labor dispatch labor relationship;Labor relations and car rental models are between labor dispatch and part-time labor relations.Chapter III Empirical Investigation of Related Judicial Cases on the Online Car-hailing Platform,through the 100 cases found on the Chinese Judgment Documents as an entry point,and a detailed list of 40 cases,divided into labor dispute cases,traffic accident liability dispute cases,tort liabilityDispute cases,cases of the same case,because the courts are different,there have been cases of different judgments in the same case.Regarding whether there is a labor relationship between the online car-hailing platform and the driver,some courts have determined that they exist,some have determined that they do not exist,and others have directly stated that the relevant labor laws of our country are nowhere to be found.This also further shows that the research on the non-standard labor relationship theory is very necessary,and only if the theory research is more thorough,can we provide reference and reference for judicial judgment and legal regulation.The fourth chapter mainly discusses from the study of China's legal regulations,and explains the problems in the legislation of China's non-standard labor relations and the current status of China's non-standard labor relations,mainly including labor dispatching and other non-standard labor legal relations laws.Difficult to apply the norms,actual judgments are based on the "Labor Contract Law" to make judgments,the importance of non-standard labor relations is not enough,the definition of labor relations and non-standard labor relations is not clear enough,the relevant labor legislation ideas are not complete,Standard labor relations workers' rights and interests are not adequately protected.The last chapter puts forward the legal regulations on non-standard labor relations and the solutions for the protection of drivers' rights,mainly from seven aspects,first referring to the useful policies of the ILO on non-standard labor relations research;secondly referring to Japan,Germany and FranceThe Labor Law explains in detail the standards,adjustment categories,flexible working hours system,and protection of drivers' rights in the legislative reform ofChina's labor law.Finally,the labor relations are adjusted by establishing industry associations and joining the collective bargaining mechanism in the light of foreign labor laws.