Research on the Identification of Labor Relations and Rights Protection of Online Car-Hailing Drivers in China

FuKun Xian

doi:10.63313/EPP.9016

Authors

FuKun Xian School of Public Administration, Sichuan University, Chengdu 610065, China Author

DOI:

https://doi.org/10.63313/EPP.9016

Keywords:

Online Car-Hailing, Labor Relations, Rights Protection, Industrial Injury Insurance, Public Policy

Abstract

The combination of the sharing economy and the Internet has profoundly changed the lives of social members, but at the same time, labor disputes between online car-hailing drivers and platforms have gradually increased. Under the current system, establishing a labor relationship with the employer is a prerequisite for workers to safeguard their labor rights and enjoy social insurance, and the identification of the labor relationship between online car-hailing drivers and platforms has become the key to solving such disputes. Based on the introduction of the development background of the sharing economy and the current development status of online car-hailing platforms, this paper summarizes the research status of platform employment and various representative viewpoints, conducts an in-depth study on the identification of the employment relationship between online car-hailing platforms and drivers, and further explores the issue of rights protection for online car-hailing drivers. The research results show that the current employment forms of online car-hailing mainly include three types, which adapt to the development of the current economic situation and the needs of platforms and drivers. However, the rights protection of online car-hailing drivers is still in a predicament: there are many disputes over the identification of labor relations, and the problems of overtime working hours and low proportion of social insurance purchase are prominent.

References

[1] National Information Center. (2019) China Sharing Economy Development Report (2019). Official Website of the National Development and Reform Commission, https://www.ndrc.gov.cn/xxgk/jd/wsdwhfz/202102/t20210222_1267536_ext.html.

[2] Lian, S. and Mou, W.C. (2020) The Latest Research Trends of Foreign Scholars on Online Contract Workers and Their Enlightenment to China. China Youth Study, 7, 112-118+104.

[3] Greenhouse, S. Uber: On the Road to Nowhere. Prospect, https://prospect.org/article/road-nowhere-3 (Accessed on November 20, 2020).

[4] Yuan, W.Q. and Xu, X.P. (2018) Legal Regulation of Hidden Employment Relations from the Perspective of Sharing Economy. Tribune of Political Science and Law, 36, 119-130.

[5] Wang, Y. and Peng, B. (2015) Legal Analysis of Labor Employment under Special Car Operation. China Labor, 17, 59-61.

[6] Ban, X.H. (2017) On the Expansion of the Protection Object of China's Labor Law under the "Sharing Economy"—From the Perspective of Internet Special Cars. Journal of Sichuan University (Philosophy and Social Sciences Edition), 2, 154-161.

[7] Wu, L.P. (2016) Identification of Labor Relations in the Employment Mode of Special Cars under the Background of "Internet +". Economic Tribune, 5, 148-151.

[8] Guo, Z.Z. and Liu, Y.G. (2015) Definition of Labor Relations in Anglo-American Law System and Its Enlightenment to China. Legal System and Economy, 7, 62-63.

[9] Li, J.F. (2019) Labor Law and Social Security Law: Principles, Materials and Cases (2nd Edition). Peking University Press, Beijing.

[10] Xie, Z.Y. (2009) The Connotation of Labor Relations and the Identification of the Status of Employees and Employers. Journal of Comparative Law, 6, 74-83.

[11] Yang, Y.X. (2016) Sino-US Legal Comparison and Enlightenment of Employment Relations in the Sharing Economy. Journal of Northwest University (Philosophy and Social Sciences Edition), 46, 147-153.

[12] See the Judgment Document (2014) Yizhong Minzhong Zi No.6355, (2015) Yizhong Minzhong Zi No.176 and (2015) Yizhong Minzhong Zi No.01359.

[13] See the Judgment Document (2014) Pumin Yi (Min) Chu Zi No.37776.

[14] Gu, D.S. and Su, K. (2019) Online Car-Hailing: Governance Challenges in the Era of Mobile Internet. Southeast University Press, Nanjing.

[15] Lou, Y. (2021) Identity Identification and Labor Rights Protection System Construction for Workers in New Employment Forms—A Study Based on Comparative Law. China Law Review, 4, 61-71.

[16] Que, Z.B. (2021) Judicial Identification of Labor Relations under the Background of Flexible Employment on Food Delivery Platforms. China Applied Law, 4, 62-76.

[17] Wang, L.J. (2021) Research on the Dilemma of Employment Relations and Social Security Practice of Individual Operators on Sharing Economy Platforms. Social Security Review, 5, 12-22.

[18] Zhou, S.D. and Wu, T.S. (2021) Individual Freedom and Collective Imprisonment: A Study on the Labor-Capital Relations of Online Car-Hailing Platforms. Journal of Hebei University of Economics and Business, 42, 43-54.

[19] Guo, J. (2016) Labor Law and Social Security Law. Law Press, Beijing.

[20] Ye, J.M. and Li, S.J. (2020) Research on the Subordination Identification Standard of Labor Relations in Online Car-Hailing Platform Employment from the Perspective of Sharing Economy—Taking the "Weight Order Method" as the Core Approach. Hebei Law Science, 38, 184-200.

[21] Wang, Y.J. (2021) Research on Platform Employment from the Perspective of Non-Standard Employment—Based on the Analysis of Survey Data on the Employment Status of Online Car-Hailing Drivers. Journal of Beijing University of Technology (Social Sciences Edition), 21, 23-34.

[22] Ying, Y. (2017) Research on the Identification of Labor Relations and Rights Protection of Online Car-Hailing Drivers. East China University of Political Science and Law, Shanghai.

[23] Sun, X. (2019) Identification of Labor Relations under the "Internet +" Platform Model. Huazhong University of Science and Technology, Wuhan.

[24] Xie, Z.Y. (2018) Identification of Labor Relations in Internet Platform Employment. Peking University Law Journal, 30, 1546-1569.

[25] Harris, S.D. (2018) Workers, Protection and Welfare in the American "Gig Economy". Global Law Review, 40, 7-37.

[26] Xiong, W. and He, L. (2018) Reflection on the Theory of Labor Relations Confirmation—From the Perspective of the Identification of the Relationship between Online Car-Hailing Platform Companies and Registered Drivers. Journal of Southwest Minzu University (Humanities and Social Sciences Edition), 39, 101-105.

[27] Wang, T.Y. (2016) Identification of Labor Relations for Providing Labor Services Based on Internet Platforms—Taking the Judgments of "e-Driving" in Beijing, Shanghai and Guangzhou Courts as the Starting Point. Law Science, 6, 50-60.

[28] Yu, Y. (2018) Identification of Employment Relations in the Sharing Economy and Its Legal Regulation—Starting from Understanding the Register of the Current "Sharing Economy". Journal of East China University of Political Science and Law, 21, 49-60.

[29] Li, N. (2020) Research on the Protection of the Rights and Interests of Online Contract Workers under the Sharing Economy. Jilin University, Changchun.

[30] Carboni, M. (2016) A New Class of Worker for the Sharing Economy. Richmond Journal of Law and Technology, 22.

[31] Cherry, M.A. (2017) The Sharing Economy and the Edges of Contract Law: Comparing U.S. and U.K. Approaches. The George Washington Law Review, 85.

[32] Lobel, O. (2017) The Gig Economy & the Future of Employment and Labor Law. University of San Francisco Law Review, 51.

[33] Katz, V. (2015) Regulating the Sharing Economy. Berkeley Technology Law Journal, 30.

[34] Means, B. and Seiner, J. Navigating the Uber Economy. Social Science Electronic Publishing.

[35] Lou, Y. (2021) Jurisprudential Analysis and Institutional Construction of Labor Rights Protection for Flexible Employees in Platform Economy. Journal of Fujian Normal University (Philosophy and Social Sciences Edition), 2, 70-81.

[36] Lu, Y. and Li, S.N. (2016) The Challenge of the Sharing Economy Model to Traditional Labor Relations—Some Lessons from the Settlement of the Uber Case in the United States. China Labor, 16, 45-51.

[37] Yu, Y. (2021) Research on the Protection of Labor Rights and Interests of Online Contract Workers. Lanzhou University, Lanzhou.

[38] Li, N. (2020) Research on the Protection of the Rights and Interests of Online Contract Workers under the Sharing Economy. Jilin University, Changchun.