Research On The Cognizance Of The Labor Relations Of Online Car Hailing Drivers

With the development of computer Internet technology,the new industry of online car hailing has been born.Online car hailing not only promotes the economic development,but also brings great convenience for people to travel.Online car hailing has shown the new characteristics of diversified operation modes and special weakening of attributes.With the popularity of ride-hailing,there are more and more labor disputes about ride-hailing.However,the current labor relationship recognition standard in China is relatively single.If the laborer signs a labor contract with the employing unit,the labor contract is usually used to determine whether the two establish labor relationship.However,the agreement signed by the ride-hailing drivers may have the characteristics of cooperation and contracting in appearance,and its effectiveness is difficult to confirm.If no labor contract is signed,the conditions stipulated in the notice of the ministry of labor and social security on matters relating to the establishment of labor relations shall be adopted,but these conditions are rigid and simplistic.Although laws and regulations on online car-hailing have been promulgated in China,there are no clear provisions on whether the two constitute labor relations.At the same time,the theoretical circle has not reached a unified conclusion on the establishment or not of the dynamic relationship between drivers of online car-hailing service,which leads to the difficult and controversial identification of the labor relationship of online car-hailing service in judicial practice.Such situation also troubles countries outside the region,for example,the determination of labor relations in the United States adopts a multi-factor standard with "control theory" as the core.However,in the face of the dispute over the labor relationship of ride-hailing drivers,there are still inconsistent state court decisions.The core purpose of the establishment of labor relations is to protect the relevant rights and interests of workers,so it has become an urgent problem to solve the difficulties and disputes in the identification of labor relations of online car hailing.This article focuses on solving the difficulties in determining the labor relationship between the driver of the ride-hailing vehicle and the platform-travelingenterprise,and uses literature research,comparative analysis,and case studies to discuss the topic from five aspects.The first part is related to the management theory of labor relations.Based on the concept of labor relations,the characteristics and certification standards of labor relations are summarized and introduced to deepen the understanding of labor relations.The second part introduces the new characteristics of China’s online car-hailing compared to traditional industries.This is mainly manifested in two aspects.One is that the online car-hailing operation modes are diverse and constantly innovating,and the second is the weakening of the attributes..The third part introduces the problems and reasons for the determination of the online car-hailing labor relationship through the judicial practice on the determination of the online car-hailing labor relationship.The fourth part introduces how the United Kingdom and the United States,which are different from China’s "subordination theory" as the core labor relationship identification system,and the "control theory" as the core,determine the online car-hailing labor relationship.At the same time,it introduces the standards for the identification of labor relations between Japan and Italy.In the fifth part,the author puts forward some Suggestions to solve the problems existing in China,such as the difficulty and big dispute in identifying the labor relationship between drivers of online car-hailing service.Due to the lack of theoretical basis for expanding labor relations in China and the diversified and continuous innovation of operation modes of online car hailing,it is not necessary to make mandatory labor relations provisions on specific operation modes of online car hailing.We should learn from the relevant experience of foreign countries,enrich the standard elements of labor relationship judgment on the existing attribute-based labor relationship recognition standards in China,and judge the labor relationship of ride-hailing drivers flexibly by focusing on human subordination supplemented by economic subordination and organizational subordination.At the same time,the agreement between the driver and the platform should be respected,so as to solve the difficult and controversial situation of identifying the labor relationship between the driver and the platform.