Research On The Employment Relationship Of Internet Delivery Platform

Under the background of "Internet plus",with the rapid development of sharing economy,the subject of labor relations and the relationship between the subject of labor are also undergoing unprecedented changes.Internet delivery platform as a product of the Internet technology development,under the background of share economy,the main body of the delivery platform has the characteristics of variety and complexity,the rider’s identity to a certain extent also away from the traditional properties of labourer,and have a certain autonomy characteristics,What is the nature between the platform and the rider,has not been determined.As new retail businesses begin to integrate in a comprehensive way,Internet delivery platforms will further expand their service load,not only in the catering industry.The continuous expansion of the takeaway demand market is bound to be accompanied by the continuous expansion of the employment scale of the Internet delivery platform,and the number of takeaway riders will continue to increase.Specifically,due to the complexity of employment mode,the concealment of employment behavior and the fuzziness of employment subject,the labor relationship between the delivery platform and the rider is weakened from the attribute,which has a certain impact on the recognition standard of traditional labor relationship,and is accompanied by the intensification of hidden labor relationship.At the same time,due to the inherent inclined protection principle of labor law and the lack of legal regulation of this new type of employment relationship,there is a risk of labor relationship generalization in judicial judgment.Through the comparison and analysis of the distribution mode classification of the relevant cases,in the third-party agent mode,due to the more direct control relationship between the rider and the agent,the labor relationship between the Internet delivery platform and the rider is usually difficult to form,but if the court can determine that there is a civil agent relationship between the platform and the agent,and when the agent has less control over the rider than the platform,and the rider can provide relevant evidence in key aspects such as remuneration payment,business composition and managerial characteristics determined in accordance with relevant regulations,and it is also possible to identify the labor relationship between the platform and the rider;under the crowdsourcing distribution mode,due to the over-broad legal regulations,judicial practice has disputes in the recognition of the agreement of establishing labor relations,the payment situation and other characteristics of labor relations.Even though the discretion of judicial judgment should be respected,due to the lack of specific applicable rules,judges are likely to be prejudiced in the judgment process,and the review is not comprehensive,thus placing the determination of the employment relationship of Internet delivery platform in great instability,hindering the orderly development of the platform and the protection of the legitimate rights and interests of riders.Although the current legislation on labor relationship recognition in China has some difficulties in application,the relevant legislation has not completely lost its application value.Due to the complexity of the Internet delivery platform employment,the judicial discretion within the scope of legislation should be affirmed,but this discretion should be based on the premise of facing the subjectivity of the identity of the Internet delivery platform rider,comprehensively reviewing the subjectivity of the Internet delivery platform employment,the nature of the relationship between the subjects and the case "format terms".At the same time,only through the detailed investigation of the subordinate characteristics of labor relationship management and economic dependence,can we avoid the preconception of the judgment and the delay of the review.