中国人力资源开发

分享经济下Uber、滴滴等网约租车平台作为新经济模式发展迅速,但2015年Uber在美国加州遭到司机集体诉讼要求雇员待遇、中国滴滴司机接单服务中造成交通事故,受害人却无处追责等事件层出不穷,因此平台驾驶员与平台之间的关系究竟是劳动关系还是劳务关系的问题非常值得学术界关注。这一判定答案也是解决这类现存问题的前提和基础。因此本文将从现有的热点争议事件引出讨论问题,然后以滴滴出行为例解析现有的网约租车平台运营模式及其雇佣关系性质。虽然现有交通部意见征求稿和美国加州劳动仲裁裁决认为两者之间为劳动关系,但本文通过对中国劳动关系和劳务关系的法律界定标准分析,结合中国分享经济发展的需求,认为两者之间认定为劳务关系更为合适,并且更符合分享经济发展的趋势。

Under the background of the Sharing Economy, the online car booking platform such as Uber and Didi, as the new economic model, are developing rapidly. However, in 2015, problems like Uber drivers in california, U.S. bring a class action lawsuit for employee well-being and Didi drivers in China argue that who would be responsible for the traffic accident while in service, are emerging in an endless stream. Therefore, the question that whether the relations between the drivers and platform is the labor relations or the service relations is very worthy of academic attention.The answer of such question is the premise and basis to solve these existing problems. This paper will take on issues from the existing hot topics, and then analyze the operation model of the existing online car booking platform and its nature of employment relations by the example of Didi. Although,the draft for public consideration released by the Ministry of Transport and the decision of California labor arbitration think that the relations between both is the labor relations, this paper,with the analysis of legal definition standards of the labor relations and the service relations and the development demands of the sloving economy, consider that the service relations between both would be more appropriate and comply with the trend of the Sharing Economy.