Identification Of Employment Relationship And Protection Of Rights And Interests Of Takeaway Riders

The identification of the employment relationship of takeaway riders is of great significance to protecting the rights and interests of riders and promoting the sustainable development of the platform economy.However,in reality,due to the many differences between the flexible employment model of the food delivery platform and the traditional employment model,it is difficult to use the existing labor relationship identification standards to explain the employment of the food delivery platform.This paper focuses on different types of takeaway riders,analyzes the characteristics of different riders in the delivery process,and combines different viewpoints in the academic and practical circles to obtain methods to determine the employment relationship and protection of rights and interests of different types of takeaway riders.The first part discusses the employment mode and characteristics of the takeaway platform.The food delivery platform has three employment modes: self-operated,outsourced,and cooperative,and correspondingly,there are three types of riders: selfoperated,agency,and crowdsourcing.In addition,compared with traditional employment,the employment of food delivery platforms shows that the main body of labor payment involves consumers,the combination of labor and capital is elongated,and the remuneration is not completely dependent on the platform.The second part discusses the identification of the employment relationship of takeaway riders and the dilemma of protection of rights and interests.The complex employment model and the unique characteristics compared with traditional employment have led the academic circle to form three different opinions on civil,third-type employment,and labor relations when characterization of the employment relationship of takeaway riders.At the same time,in reality,due to the complex employment situation such as the subcontracting of the food delivery business,the lack of employment certification materials,and the lagging labor certification standards,it is difficult to unify judicial judgments and protect the rights and interests of riders.The third part discusses how to protect the rights and interests of food delivery riders.The premise of rights protection is to correctly classify different types of riders,and to accurately apply the three types of employment relationships newly proposed by the Ministry of Human Resources and Social Security on the employment of food delivery industry.In terms of legislation,the latest guidance of the Ministry of Human Resources and Social Security is still a general provision,so it is necessary for all government departments to actively improve the legislation and ensure its implementation.Judicially,with the attitude of respecting the new employment model,the real intentions of the rider and the employer should be explored,and the existence and strength of subordination should be examined in multiple factors,and the rider should be classified reasonably.In reality,it is also necessary to strengthen the responsibility of food delivery platform companies,implement their qualification requirements for contractors,and use various methods to improve the legal awareness of food delivery riders.