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Academic Journal of Business & Management, 2023, 5(14); doi: 10.25236/AJBM.2023.051404.

The legal application of new labor relations—taking riders as an example

Author(s)

Midan Yang, Weiwei Fan

Corresponding Author:
Midan Yang
Affiliation(s)

Hunan University, Changsha, Hunan, 410012, China

Abstract

In judicial practice, the applicable standards of legal relations in such cases of civil disputes caused by takeaway riders are not uniform, and it is faced with the problem of how to evaluate such new labor relations and labor rights protection. Therefore, this paper starts with the specific judicial judgment, analyzes the legal status of the labor provider under the platform economic model through the attribute theory, and clarifies how to identify the legal relationship between the labor provider and the platform. On this basis, it further explores how to evaluate the tripartite contract relationship of the platform employment contract. According to the characteristics of labor supply under the platform economy, we should strengthen the application of blockchain in evidence, strengthen the flexibility of case identification standards, and establish a fast mode of occupational risk protection and compensation, and put forward suggestions on the protection of workers ' rights and interests from three perspectives : procedural law, interpretation theory and legislative theory.

Keywords

multiple labor service delivery mode, labor service provider legal status, new labor relations

Cite This Paper

Midan Yang, Weiwei Fan. The legal application of new labor relations—taking riders as an example. Academic Journal of Business & Management (2023) Vol. 5, Issue 14: 20-24. https://doi.org/10.25236/AJBM.2023.051404.

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