外卖行业劳动关系的法律问题研究

Research on the Legal Issues of Labor Relations in the Takeout Industry

面对互联网技术驱动的平台经济发展以及外卖行业规模的迅速扩大,如何准确界定外卖骑手等新就业形态劳动者的法律身份,并为之构建适宜的保障体系,成为当前亟待解决的问题。我国现行劳动法体系基于从属性理论,采用“二分法”,即劳动关系与民事关系的划分,来判定劳动者与用人单位之间的法律关系。这一制度框架主要依据2005年劳社部发布的《关于确立劳动关系有关事项的通知》进行操作。然而,随着互联网技术的发展和外卖行业用工模式的多样化,如传统、众包、专送等,尤其是众包模式下骑手与平台企业间的关系,既未能达到传统劳动关系的从属性标准,又与纯粹的民事关系有所区别,给“二分法”制度带来了挑战。这种新型用工形态与工业时代的劳动特征有显著差异,使得原有的“二分法”在应对时显得力有未逮:若硬性套用劳动关系,可能导致劳动关系泛化,影响社会劳动秩序稳定;若单纯以民事关系对待,则可能无法充分保障骑手权益。平台企业和外卖骑手的利益平衡点,关键在于明确二者间的用工关系性质。本文以外卖行业劳动关系为研究对象对该问题进行法律研究,实现平台、企业、劳动者法律关系协调发展促进社会主义经济秩序和谐稳定。

Confronted with the rapid expansion of platform economies driven by internet technology, particularly the booming food delivery sector, accurately defining the legal status of new employment forms such as food delivery riders and establishing an appropriate protection system for them have become pressing issues. The current Chinese labor law framework, rooted in the theory of subordination, employs a “binary approach” distinguishing between labor relations and civil relations to determine the legal relationship between workers and employers. This system largely operates based on the “Notice on Issues Concerning the Determination of Labor Relations” issued by the Ministry of Labor and Social Security in 2005. However, with the advent of internet technologies and the diversification of employment models in the food delivery industry—such as traditional employment, crowdsourcing, and dedicated delivery—particularly the relationship between riders and platform companies under the crowdsourcing model, which fails to meet the traditional standards of subordination while differing from pure civil relations, this binary system is being challenged. The novel employment pattern, significantly distinct from industrial-era labor characteristics, renders the existing “binary approach” inadequate: rigidly applying the concept of labor relations may lead to its overgeneralization, undermining the stability of the social labor order;whereas treating it solely as a civil relation might inadequately safeguard riders’ rights. The balance point between platform companies and food delivery riders lies in clarifying the nature of their employment relationship. This paper takes the labor relations of the outsourcing industry as the research object to carry out legal research on this issue, so as to realize the coordinated development of the legal relations between platforms, enterprises and workers and promote the harmony and stability of the socialist economic order.