Which Is It for Online Taxi Drivers? Employment or Labor Service?
摘要
With the continuous development of “Internet Plus”, new industries such as online taxi-booking and webcast services that use network platforms to operate have been emerging. Employees working in new industries are different from employees in traditional standardized employment relations in terms of job duties, occupational characteristics, etc., and differences are also seen in enterprises’ labor management. Then, in practice, how does the court identify existence of employment relationship in new industries such as online taxi-booking services, and what factors will be considered primarily when determining? It is impractical to impose traditional determination standards of employment relationship on taxi-booking platforms and other online-booking platforms, or to define the relationship between platforms and drivers in uniformity. In practice, various factors such as online booking platforms’ management style, remuneration pattern, and requirements on working hours for the service providers determine the legal relationship between the two parties and the legal responsibilities and obligations of online-booking platforms. This article believe that when formulating relevant policies, relevant authorities should not follow the traditional system mechanically, to avoid restricting the development of new economic model.
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