Network Appointment Status Can Not Be Generalized.

In the Internet era, the relationship between the "network appointment" and the platform can not be completely copied by the three elements mentioned above, or should we comprehensively identify the relationship between the two sides from the aspects of personal attributes and economic subordination.

Therefore, it can not be simply determined whether the working time of the provider is autonomous or not to determine whether there is labor relationship between the two parties.

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Answer: in the era of "Internet +", a number of new industries emerged.

The new mode of employment comes into being, with the largest number of participants, and the most extensive one is undoubtedly "special car service".

In the United States, Uber driver of California filed a class action lawsuit, demanding confirmation of labor relations with Uber.

Previously, Uber has defined the special driver as a business partner, calling itself an information provider, not a provider of pport services.

In China, the Internet platform like Didi, Yi Bu and Yi Dao is the same as Uber. It defines the special driver as a business partner rather than an employee.

In fact, it is not easy to distinguish labor relations or business cooperation with tools.

In reality, there is a lot of labor relations with a large number of use of the tools, but there are also a large number of use unit tools.

The situation can not be generalized.

Answer: the relationship between "network appointment" and the platform has become a hot topic in the field of practice and theory.

It is considered that there is labor relationship between the two sides, and there is a view that the two sides belong to a business cooperation relationship. There is also a view that the relationship between the two sides is between "labor relations" between the labor relations and the business cooperation.

We believe that all the existing views are reasonable. We can not simply use the traditional labor law theory to identify the relationship between "network contract workers" and the platform.

At present, the confirmation of labor relations in practice is mainly based on the notice issued by the former Ministry of labor and social security in 2005 concerning the establishment of labor relations related matters. It identifies labor relations from three aspects, namely, whether the main qualifications of the two parties, whether the workers obey the unit management, and whether the labor provided by the workers is part of the unit business component.

Q: if accidents occur during the course of providing services, can it be regarded as work-related injuries?

A: industrial injury first requires the existence of labor relations between the two parties. However, in practice, there is labor relationship and cooperation between the platform and the "network operator".

Taking the Interim Measures of net appointment as an example, in July 14, 2016, 7 ministries and commissions jointly issued the Interim Measures for the management of network booking taxi service. The regulations stipulate that both sides of the platform and drivers can sign various forms of labor agreement or agreement according to their working hours and service frequency, so as to clarify the rights and obligations of both parties.

It can be seen that the relationship between the two parties is not restricted to labor relations in interim measures.

Therefore, if there is a labor relationship between the two parties, if the worker is injured or injured in the course of providing services, he will be entitled to compensation for work-related injury insurance. If the two sides are civil partnership, if they are injured in the course of providing services, they can only enjoy civil compensation according to the Tort Liability Act and the fault liability of both parties.

Therefore, we suggest that both the platform company and the driver individual can purchase an accident risk to pass the risk and protect their legitimate rights and interests.