The Study On The Employment Relationship Of Takeaway Riders

On 25 February 2020,the Ministry of Human Resources and Social Security of the People’s Republic of China,the State Administration of Market Regulation and the National Bureau of Statistics,officially released information about16 new occupations,which means that takeaway riders have an official occupational name – “online takeaway workers”.And they are officially listed in the National Occupational Dictionary.The Ministry of Human Resources and Social Security’s“Analysis Report on the Current Employment Situation of New Occupations-Net Delivery Workers”,released on 25 August 2020,shows that the scale of the employment group of net delivery workers is expanding,driven by the digital transformation of the service industry and online shopping consumption.The number of online delivery workers "running on the road" has reached a million.The development of delivery rider is a result of the digitalization and networking of the service industry.The booming sharing economy has driven the development of the platform economy and the emergence of the "internet + service industry",which has created a series of new employmentand new types of employment relationships,resulting in a large number of workers.With the growth of the takeaway industry and the rise of community delivery,the number of takeaway riders that in all ages and high education levels is growing up,and now it become a popular job.This development has led to a series of chain reactions that have begun to cause concern,particularly the labor relationship problems and job security brought about by the imperfect working mechanisms of the various employment platforms.This article focuses on the issue of determining the employment relationship of takeaway riders,and will write the following four aspects in its entirety.In the introductory part,the background and significance of the article are explained.It is understood that the development of the digital economy has led to the emergence of a number of new industries,and the new employment methods under the new industries have posed challenges to the traditional employment methods.The article then sorts out the current status of existing research to understand the research on new employment relations through the views of various experts,and recognizes and studies the criteria for identifying employment relations from their views.In the second chapter,three representative cases are analyzed and three focal points of disputes are summarized,namely,the validity of the contract signed between labor subjects;the application of the traditional labor relationship recognition standards to the employment relationship of takeaway riders;and whether the takeaway riders and the employing unit constitute an employment relationship.After summarizing the focus of the dispute,Chapter 3 begins to analyze the jurisprudence in relation to the focus of the dispute,by analyzing the subjects and constituent elements of the contract of labor relations,and deriving the logical ideas for determining the validity of the contract,and then leading to the employment relationship related to the new type of employment relationship.Subsequently,the problems between the traditional criteria for labor relations and the employment relations for takeaway riders are analyzed,followed by a further division of whether takeaway riders and employing units should previously be recognized as labor relations according to the characteristics of takeaway delivery.Chapter 3 draws some insights based on the analysis in Chapter 2,and then makes its own recommendations.The significance of studying the employment relationship between takeaway riders and employers is not only to explore the legal status of takeaway riders from a legal perspective,but also to provide a direction on the labor issues of flexible workers that have emerged,as well as the legal characterization of other new types of employment relationships that will emerge in the future as a result of the "Internet+" industry.It is hoped that the analysis of this paper will provide some advices to solve this judicial problem.