On The Identification Of Labor Relationship Of Online Ride-hailing Platform

With the development of the Internet economy,the forms of Internet employment can be seen everywhere.As a typical representative of Internet employment forms,the online ridehailing industry not only provides more employment forms for the society,enriches travel modes and improves travel efficiency,but also brings some challenges to the identification standards of labor relations.Due to the network about car platform employment content flexible,legal relationship,labor nature to labor,the characteristics of the network booking taxi service management interim measures for network about car platform employment nature regulation is not clear,so network about car platform is labor relations,or labor relations,or other specific relationship,theoretical and practice are divided.It is of great significance to clarify the employment relationship of ride-hailing platforms and the nature of their legal relationship to unify the judgment rules and solve the problem of labor relationship identification of ride-hailing platforms.By consulting the theoretical knowledge of labor relations and the operation content of ride-hailing platform,we can understand the legal basis of labor law and the characteristics of the operation of ride-hailing platform.By studying the data of Internet employment and employment of domestic and foreign online ride-hailing platforms,the paper analyzes scholars’ opinions and reasons for the nature of Internet employment and the nature of online ride-hailing platforms,so as to find a feasible solution.After studying the operation modes of different platforms and the cases of different dispute types,it is found that there are difficulties in the operation mode influencing the identification standard,the tendency of dispute types affecting the judgment,and different judgments in similar cases.The analysis of the causes of the practical dilemma mainly includes the weakening of labor relations,the lack of attention to the substantive review of subordinate attribute,and the absence of clear subordinate reference elements.When discussing the path to solve the problem of labor relationship identification of online ride-hailing platforms,first of all,we should consider the trend of Internet employment and respect the autonomy of people at that time.Secondly,for the perfect path of the attribute identification of labor relations,the scope of labor law protection can be expanded by adjusting the standard of the attribute identification,and the situation of "covert employment" can be prevented by paying attention to the substantive review of the attribute,and unifying the court judgment rules by clarifying the attribute reference elements.Finally,we should establish the judgment idea of distinguishing the nature of the employment of the online ride-hailing platforms,so as to make the complex legal relations and legal issues clear.For "own vehicles" mode and "rental vehicles" mode of conventional legal problems using conventional methods to solve,for"social vehicle join" mode of unconventional legal problems can apply by the mentioned labor relations from property that the perfect,path,thus achieve numerous simplified shunt,complicated for simplified,finally to balance the interests of all parties,safeguard the goal of social essence fairness and justice.