ORIGINAL RESEARCH
Legal Structure of Complex Employment Modes for Takeaway Platforms in the Context of Low Carbon Economy
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1
School of Law and Business, Sanjiang University,Nanjing 210012,China
 
2
Business School, Nanjing Xiaozhuang University, Nanjing 211171, China
 
 
Submission date: 2023-10-19
 
 
Final revision date: 2024-01-14
 
 
Acceptance date: 2024-02-02
 
 
Online publication date: 2024-07-08
 
 
Corresponding author
Rong Wang   

Nanjing Xiaozhuang University, China
 
 
 
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ABSTRACT
The issue of labor supply is not necessarily a matter of labor law. In the context of a low-carbon economy, flexible employment on platforms is more conducive to achieving labor demand matching and controlling labor costs in the online catering logistics industry. Compared to the Labor Law, the labor contract rules in civil law have irreplaceable advantages in interpreting and regulating “non-standard labor relations” and “non-traditional labor relations” under the new employment form. The judicial adjudication dilemma in the employment of takeaway platforms is mainly reflected in the imbalanced relation between the protection of labor rights and interests and the development of platform economy, the lack of clear legal norms, and unified trial logic in judicial judgment, and the lack of standardization and stability in the interpretation method of judgment. There are some problems in the typology research on the complex employment modes of takeaway platforms, such as different classification standards and the failure to reveal the essence of legal relations under the employment modes. The legal structure analysis of employment in takeaway platforms within the academic circles does not conform to the employment reality, and moreover, it is not accurate enough, which results in the unclear nature of legal relation between multi-party employment subjects and that between employment subjects and practitioners and the ambiguous employment responsibilities. From the perspective of civil contract type, the employment modes of takeaway platforms can be extracted into “commercial franchising mode of takeaway platforms”, “employment mode of takeaway platforms”, and “labor dispatching mode of takeaway platforms”. Aiming to break through the research path dependence of “standard labor relations”, the article refines the legal structure of the delivery platform’s business model and provides a theoretical basis for overcoming legislative technical deficiencies in the unclear format of independent labor transaction contracts.
eISSN:2083-5906
ISSN:1230-1485
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