Research On The Employment Relationship Between Car-hailing Platform And The Driver

With the advent of the "Internet +" era,the Internet private car service model arises at the historic moment.In China,ride-hailing platforms such as didi chuxing,shenzhou private car and e-driving have become very important modes of transportation,gradually changing the mode of transportation and transaction in our lives.Meanwhile,labor disputes between ride-hailing platforms and ride-hailing drivers are also on the rise.The determination of the employment relationship between Uber and drivers in the United Kingdom and the United States has drawn wide attention from the academic community.In China,the number of cases of labor relation dispute confirmed by drivers on the online platform is relatively high,and the request to confirm labor relation is also included in the compound appeal of some other cases.Based on the traditional "three simultaneous" standard of ascertaining factual labor relations,there are differences in the determination results of courts at all levels in various regions,and the opinions of scholars in the theoretical circle are also controversial.For example,the court does not support the determination of labor relations based on the request of the chauffeur's own rights and interests.However,in other cases involving infringement of the interests of a third party and the need for responsibility distribution,some cases are identified as employment relations,while others are identified as labor relations.Therefore,it is of great theoretical and practical significance to study the employment relationship between ride-hailing platforms and ride-hailing drivers.This paper mainly demonstrates through the following four parts: the first part introduces the concept and identification standards of traditional labor relations,and introduces the identification problem and the necessity of research on the employment relationship between ride-hailing platform and ride-hailing service based on the development status of ride-hailing platform and ride-hailing service.The second part discusses the dilemma of recognizing the employment relationship between chauffeur and chauffeur through data induction,visual analysis,classification and sorting out the dispute focus and judgment basis of representative cases.In the third part,the author analyzes the reasons for the confusion in the recognition of the employment relationship of chauffeur from the aspects of the reform of labor relations elements in the "Internet + era",the weakening of attributes and characteristics,and the limitations of the current judicial application of laws.In the fourth part,it proposes to establish employment relationship recognition rules at the macro level by formulating relevant judicial interpretation and flexible use of subordinated standards,and proposes to strengthen legal protection for private car drivers from the perspective of labor law.At the micro level,it is suggested that more attention should be paid to the investigation of substantive subordination and cases should be handled according to different employment modes,so as to improve the judicial judgment path for the determination of employment relationship between chauffeured drivers.