Research On The Determination Of Labor Relations For Take-out Platform Workers

The rapid development of the Internet take-out platform economy has brought a lot of convenience to the public,but also changed the traditional labor supply and demand relationship,and the labor relations recognition standards are overstretched in the face of the flexible and diverse take-out platform employment mode.The employment of take-out platforms creates a large number of employment opportunities,and the professional group of take-out riders is growing.At the same time,the number of labor disputes and tort liability disputes related to the employment of take-out platform workers has been rising,and most of the cases are focused on the existence of labor relations between the parties in dispute.However,due to the special nature of the take-out platform,it is difficult to provide effective protection for the riders by the existing labor relations recognition standards,resulting in different court decisions.Therefore,to better protect the legitimate rights and interests of take-out riders,it is necessary to focus on reviewing the nature of the main body of take-out platform employment and consider the subordinate characteristics of take-out platform employment from multiple angles to clarify the legal relationship between take-out platform and riders.This paper focuses on two cases of employment on take-out platforms,which are basically the same type of case and have different findings.By means of case studies,research materials and comparative classification,we use these two cases as examples to sort out the focus of the two types of cases and compare them.In the process of comparison,the following problems were found: firstly,although both cases adopted the standard of subordination to determine whether there is a labour relationship between the two parties involved,the standard is too broad and not fully adapted to the new mode of employment such as the employment of take-out platform workers;secondly,under the third party delivery mode of the take-out platform workers,both the platform and the delivery company manage the riders,which makes it more difficult for the court to identify the subject of employment;thirdly,the riders relevant information generated in the work is stored in the system of the take-out platform,and the rider has insufficient ability to prove in the litigation process.Although it is difficult to fully adapt the standard of subordination to the employment of take-out platform workers,it cannot be completely denied.In view of the problems of such cases,the court should organically combine the characteristics of the take-out platform employment with the facts of each case,and start from examining the substantive subordination of the case,focusing on examining the nature of the subject of the take-out platform employment and considering the subordination characteristics of the take-out platform employment from multiple angles.Under the third-party delivery model,the court should examine whether the relationship between the take-out platform and the delivery agent is a civil agency relationship or a contractual relationship,and if it is a civil agency relationship,it increases the possibility of a labour relationship between the rider and the platform.In terms of the protection of riders’ rights and interests,the burden of proof should be strengthened on the take-out platform as well as the delivery vendor,support riders to sue multiple entities at the same time to defend their rights,and strengthen the regulatory underwriting responsibilities of the take-out platform to protect the legitimate rights and interests of take-out riders from multiple angles.