| The online car-booking business has been recognized by law,but the identity of online car-booking drivers is vague in the labor law field of vision,and the protection of labor rights and interests of online car-booking drivers is seriously absent.In this paper,semi-structured interviews will be used to investigate the working patterns of net drivers,and it is suggested that net drivers should be divided according to different working patterns.On this basis,legal identification is made on the subordinate relationship between the drivers of the online car-booking system and the online carbooking platform company under different working modes.Finally,on the basis of breaking through the existing dual structure of China's labor market and drawing lessons from Germany's similar employee system,the labor rights and interests of the group of network car drivers with complicated subordination are protected by classification and stratification.The article is divided into five parts: preface,text,conclusion,references and postscript.The preface elaborates the background,significance,value and current research situation of the research.The first chapter is the judicial practice of the recognition of the labor relation of the network car-booking both inside and outside the region,analyzing the reasons for the different results of the recognition of the labor relation of the network car-booking both at home and abroad,and studying the specific standards of the recognition of the labor relation of the network car-booking drivers in the foreign practice.The second chapter is about the current situation of the protection of labor rights and interests of the drivers of the network car,through the author's analysis of the semi-structured interview records of the drivers of the network car and the data arrangement,the author has completed the empirical research on the working patterns of the drivers of the network car,pointed out the practical problems of the lack of protection of labor rights and interests of the drivers of the network car,and proposed that the drivers of the network car should be divided into full-time drivers of the network car and part-time drivers of the network car according to different working modes.The third chapter is the theoretical basis for the protection of labor rights and interests of the similar employee model of the network car drivers.Through the research on the subordination theory and the similar employee system in Germany,the author studies and judges the subordination relations of different levels behind the network car drivers of different working modes,and proposes that the protection of labor rights and interests should be protected in layers according to the subordination relations of different levels,thus combing the legal basis and the theoretical basis of system construction for the protection of labor rights and interests of the network car drivers.The fourth chapter is the system construction of labor rights and interests protection for the drivers of the car rental network.Based on the exploration of foreign experience and the reasonable division of the drivers of the car rental network according to the working mode,it is proposed to break through the dual structure of the labor market and expand the intermediate body of labor protection to face the complicated employment forms of the car rental network.On this basis,the author puts forward a tentative plan for the construction of the labor rights and interests protection system for the drivers involved in the online car contract dispute from two aspects: the labor rights and interests protection system for the drivers involved in the online car contract dispute and the balance point of the interests of the subjects involved in the online car contract dispute. |
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