An Analysis of the Legal Paths for Protecting the Labor Rights and Interests of Food Delivery Riders
外卖骑手劳动权益保护的法律路径探析

摘要

外卖骑手是平台经济发展中具有代表性的新就业形态劳动者，其劳动过程具有平台派单、即时配送、算法考核、 时间约束和交通风险并存等特征。外卖配送提高了城市生活便利度，也暴露出劳动关系认定困难、劳动报酬保障不足、 休息权落实不充分、职业伤害救济不完善、平台规则透明度不高等问题。外卖骑手劳动权益保护不能简单套用传统 劳动关系模式，也不能放任平台以灵活用工名义弱化责任。应在分类认定用工关系的基础上，明确平台企业及合作 企业责任，完善报酬、休息、安全、职业伤害和申诉救济等制度，推动外卖骑手权益保护从政策倡导转向规则落实 和法律保障。

Abstract

 Food delivery riders are representative workers in new forms of employment arising from the development of the platform economy. Their labor process is characterized by platform-based order assignment, instant delivery, algorithmic assessment, time constraints, and traffic risks. Food delivery services have improved the convenience of urban life, but they have also exposed problems such as difficulties in identifying labor relations, insufficient protection of labor remuneration, inadequate implementation of the right to rest, incomplete occupational injury relief, and limited transparency of platform rules. The protection of food delivery riders’ labor rights and interests should neither simply apply the traditional labor relationship model nor allow platforms to weaken their responsibilities in the name of flexible employment. On the basis of classified identification of employment relationships, the responsibilities of platform enterprises and cooperative enterprises should be clarified, and systems concerning remuneration, rest, safety, occupational injury, and complaint and relief mechanisms should be improved. This will promote the protection of food delivery riders’ rights and interests from policy advocacy toward rule implementation and legal protection.