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
Publication date: 2024-07-25
Corresponding author
Rong Wang
Nanjing Xiaozhuang University, China
Pol. J. Environ. Stud. 2024;33(6):6443-6458
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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.