The rapid development of science and technology has spawned the rapid rise of e-commerce and platform economies, and the new form of labor groups represented by food delivery riders has gradually grown. The determination of the labor relationship between food delivery riders and food delivery platforms is facing difficulties, including the lack of legal regulation, the rigidity of traditional identification standards, and the difficulty in balancing the agreement of the parties and the actual performance of the contract. It is necessary to fully consider the actual impact of algorithms on the work of food delivery riders through innovative concepts and countermeasures, and use a new subordination identification standard with economic subordination as the core. From the aspects of clarifying legal provisions, updating judgment standards, and determining the space for agreement on the basis of facts first, it provides a more appropriate and unified standard for the identification of labor relations in new business formats, effectively protects the legitimate rights and interests of workers in new business formats, and promotes the sustainable and healthy development of the new business format economy.
new business formats; food delivery riders; labor relations identification; subordination standards
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