Research On The Identification Of Labor Relations Of Takeaway Riders

With the update and development of the Internet,the take-away industry operating on the network platform came into being.Nowadays,the take-away economy has increasingly become an effective driving point for China’s economic development,and it has also created a large number of employment opportunities for society.At the same time,disputes over the determination of labor relations of takeaway riders are also emerging.At present,the standard basis for the determination of labor relations in China is still the first article in the Notice of the Ministry of Labor and Social Security on Establishing Labor Relations issued in 2005,which is also called "subordinate standard" in the theoretical circle.This article is a rule of constitutive requirements,that is,the existence of labor relations can only be recognized if the three elements are met at the same time,and the "subordinate standard" is simply listed,and there is no room for specific operation,which makes many new forms of employment completely rejected by the labor law.This thesis takes the takeaway riders as the research subject,aiming to properly solve the problem of identifying the takeaway riders’ labor relations in China by summarizing the types of the takeaway riders and their evolution process,based on the traditional labor relations identification standards,and by absorbing and drawing lessons from foreign beneficial institutional experience,aiming at the specific characteristics of different types of takeaway riders,so as to make them adapt to the development of the times and solve the dilemma of identifying the labor relations of takeaway riders.This thesis is mainly carried out in the following logical order.First of all,it comprehensively expounds the research background and significance of this thesis,and briefly summarizes the views of all parties;This thesis fully introduces the classification and evolution of takeaway riders,summarizes the new features,and summarizes the problems existing in the identification of labor relations of different types of takeaway riders in China’s current judicial practice by analyzing typical cases after the classification is clear.According to the exploration and judgment of Suzhou Labor Court,we can master the frontier processing ideas and provide useful help for writing.Secondly,introduce and explain in detail the jurisprudence and basic theories of labor law in the identification of labor relations,and select appropriate theoretical tools to effectively support this thesis in combination with the actual research of the thesis;And through the research on the identification standards and systems of dealing with new labor relations in several foreign countries,it provides reference for our country.Finally,some suggestions are put forward,such as redefining "laborer",expanding the scope of application of labor law,distinguishing special delivery and crowdsourcing takeaway riders,and establishing different ways to identify labor relations.