Research On The Protection Of Rights And Interests Of Online Car-hailing Drivers Under The Background Of Sharing Economy

The rapid development of the "Internet+" economic era has led to the innovation of business models and management methods,which has greatly changed the existing social resource allocation methods and benefit distribution mechanisms.The labor relation in the new mode of employment are also far from the traditional labor relation.In this paper,I use the Internet economy as the yardstick to distinguish traditional labor relation and new labor relation,meanwhile,I call non-Internet economy of labor relation as traditional labor relation,on the contrary,which will be defined as new labor labor relation.The development of new labor relation allows flexible workers to use the Internet platform to find employment opportunities,and the platform no longer assume the corresponding management responsibilities as traditional enterprises.However,the new development will inevitably lead to new risks,and at the same time,new growing things will inevitably generate new social problems,such as how to regulate the development of new employment models?How to define the relationship under new employment mode?How does that part defend the rights and benefits of the workers who cannot be included in the legal protection of traditional labor relation?The new employment situation has led to changes in various industries,and these problems also need to be solved.In particular,China's current practice in the identification of labor relation is very stringent,and must meet the "three elements" standard,which directly excludes many new labor relations with a shared economic background.In addition,if the conflict involves other people's physical damage or compensation disputes of property damage,the local judicial decisions are currently different.The judges of different places will regard the relationship between employers and workers as employment relations,labor relations,labor relations and so on in accordance with the applicable laws.In recent years,the relationship between the online hailed car drivers and the online car-hailing platform enterprises occupy a prominent position in the new labor relations.In this paper,I use this as an entry point,and when I analyzed the relationship between the two,I found that there are many types of existence,which has deepened the divergence of how to define the relationship of them for practical filed and academic filed.However,the determination of labor relation not only can solve the problem of whether the benefit of the driver can be protected by the relevant system of labor law,but also more likely to involve the responsibility of the third party,such as the identification of the responsibility subject in traffic accidents and the responsibility taking.Therefore,the determination of labor relation is a necessary step to solve many disputes,which is the inevitable difficulty in labor law practice.So it is very clear to see the importance of labor relations determination.The purpose of this paper is to learn from the experiences of other countries on the new labor relations identification in combining with the current situation of new labor relations under the background of shared economy.Moreover,from the perspective of theoretical analysis and judicial practice.Eventually,protecting the rights and benefits od the workers,I can provide several strategies for reference.Firstly,this paper comprehensively use the method to explain that the dispute between platform enterprises and practitioners under the new mode of employment has become a hot controversial topic.The dispute is based on whether the two sides can be identified as a labor relationship,which relates to how to adjust the relationship between the two and how to safeguard the rights and interests of workers.Secondly,the concepts of "shared economy","labor relation","online car-hailing operation platform enterprises" and "intermediate category workers" are defined in detail.Furthermore,the core value consideration criteria of labor relation determination are explained by combining the incentive theory,resource allocation theory and the theory of labor relation in the field of public management.Thirdly,from the existing legislative point of view of our country,under the development trend of the future "Internet Plus" and the judicial practice of the United States,Britain and Japan,different national conditions and different times have created different conclusions.However,we can still learn from each other,make up for each other's strengths and weaknesses,and put forward practical reference measures when designing the new labor relations system for our country.Fourthly,the deep development of the shared economy under the era of "Internet Plus" has a great impact on the protection of workers' rights and interests.And there are no perfect laws and regulations on the sharing of economic platform enterprises to carry out a full range of regulations,so that many workers involved in the mode of shared economy have been violated.If this real problem is not solved in time,it will greatly affect the enthusiasm of workers to participate in the sharing economy.Fifthly,after combining the views and practices on the determination of new labor relations at home and abroad,this paper puts forward some suggestions on how to determine labor relation and protect the rights and interests of workers.