| Net car is a new type of taxi industry that has emerged in recent years.It widely adopts the new form of employment of “platform + individual” and provides jobs for a large number of people with driving technology and vehicles.At the same time,several domestic labor contract dispute cases and the Uber labor dispute case in California have also caused people to think about the legal relationship between the network car driver and the network car platform company.There is no unified conclusion on the identification of legal relations between the judicial practice circles and the legal theory circles.In 2016,the Interim Measures for the Administration of Online Appointment of Taxi Management Services was not clearly defined.This has caused the problem of the rights and interests of the majority of the network car drivers to be solved.The factual elements that point to labor relations and the factual elements that point to the relationship of ordinary civil contracts are combined in the employment relationship of the network.In the process of identifying the labor relationship between the driver and the platform company,different scholars have different understandings on how to consider these factual factors,and then draw different conclusions.The employment relationship between the driver and the platform company is also different from the well-known contractual relationship between China's "Contract Law" and other civil laws.Many scholars have negated the existence of labor relations between the two parties,and there are also great differences in the civil contractual relationship between the two.In addition,some scholars have put forward their own opinions on the issue of the rights and interests of the drivers of the network.Such as expanding the scope of labor relations,setting up a "worker-like" system in the labor law,and allowing the network driver to participate in work-related injury insurance.But they have differences about what kind of legal protection measures are provided for drivers and how they should be implemented.Based on the above background and research status,this paper analyzes the legal relationship between the two parties and the driver's rights protection.First of all,the article introduces themeaning of the network car and the problems in the work characteristics and rights protection of the network car driver under the "private car" mode.Secondly,the article examines the judicial and legislative status related to the identification of the legal relationship between the two parties,and finds out the problems.once again.The article introduces the basic theory of labor relations,and divides the network car drivers in the "private car" mode into two parts: part-time and full-time.The part-time network car driver obviously has no labor relationship with the platform company.Based on China's factual labor relationship identification standard and labor relationship from the attribute theory,this paper analyzes the problem of labor relationship identification between the full-time network car driver and the network car platform company under the "private car" mode,and concludes that the two do not establish labor relations.The conclusion.Later,it introduces and analyzes the various viewpoints of the academic community on the identification of civil legal relations between the two parties,and believes that the two parties belong to the new type of cooperation agreement.Since the drivers of the network car in the "private car" mode belong only to ordinary civil subjects,their legal rights cannot be protected by the labor law,and the legal protection measures provided by the civil law are insufficient.In order to maintain the legitimate rights and interests of the network driver in this mode,the author finally put forward the relevant social responsibility of implementing the network car platform company,allowing the network car driver to form and join the trade union,and the network car driver into the work injury insurance.Suggestions such as scope. |
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