| dc.description.abstract | As the development of the sharing economy, the platform economy has made progress. The consumer enjoys the convenience of delivery services through the food delivery online platform. The delivery person provides delivery services and get income through the platform. The platform economy also promotes the gig economy. In 2019, many traffic accidents happened during commercial food deliveries. Whether the delivery person was adequately protected when the accident happened is decided by the legal relationship between the delivery person and the platform. The platform operator thinks the delivery person is an independent contractor not an employee. However, Ministry of Labor advocates the relationship between the platform and the delivery person is employment relationship rather than a contractual relationship. It’s not undoubtedly sure to affirm the legal relationship.
First, this thesis focuses on the doctrine and judicial decision about the characteristic and effect of individual labour contract, and elaborates the distinctive benefit between employment, contracting, intermediary and labor contract on narrow difinition. Also, the research take the regulation and judicial decision of rising platform economy in International Labour Organization, European Union, United Kingdom, United States, Australia and Sweden as the paradigm about the legal response and advice in Taiwan. Regarding the rights and obligations of the platform operators and delivery person in Taiwan, this thesis sets forth the characteristic, content and violation effect of current regulation on platform operators. Moreover, the thesis takes Foodpanda, Uber Eats and Deliveroo as examples to expound the operational modes of platform, and rights of delivery person. The thesis discusses the empoyment subordinate of the platform and delivery person. The thesis reviews the argument between the industry and the Ministry of Labor′s, and puts forward the analysis and opinions of this thesis. Finally, concidering the industry survey and foreign legal systems, this thesis attempts to propose suggestions regading the determination of employment relationship and legal response to improve the the current legislation. The thesis looks forward to find the legal equilibrium between labour rights and industrial development. | en_US |