Viewpoint... The legal analysis and discussion of the compliance operation of the network car platform company.
Published:
2021-08-19
Viewpoint... The legal analysis and discussion of the compliance operation of the network car platform company.
Recently, as the relevant state departments have conducted safety reviews on the safety issues of information infrastructure related to the relevant online car-hailing platform companies, the vehicles, drivers, car-hailing people (or passengers), driving tracks, and geography controlled by the online car-hailing platform companies. Data and information security issues such as location and payment have further attracted social attention. As a for-profit legal person, the online car-hailing platform company should not only protect network security and maintain the confidentiality and integrity of network data in accordance with laws and regulations, but also fulfill the legal obligations of for-profit legal persons to operate in compliance. This paper only analyzes and discusses the compliance operation of the online car platform company.
1. the legal attributes of the network car platform company and its business behavior.
According to the "Interim Measures for the Management of Online Taxi Reservation Service", online taxi reservation is referred to as online car-hailing, and online taxi reservation operators are called online car-hailing platform companies. Online car-hailing business services refer to the business activities of building a service platform based on Internet technology, integrating supply and demand information, using qualified vehicles and drivers, and providing non-cruise booking taxi services. The business license of the enterprise legal person shall be submitted to apply for the operation of the network car. The online car platform company shall bear the responsibility of the carrier and shall ensure the safety of operation and protect the legitimate rights and interests of passengers. The online car-hailing platform company must obtain the ''Online Taxi Reservation Business Permit'' in accordance with the law, and the taxi-hailing software must be verified by the online service capabilities of the provincial transportation, public security, communications, taxation, online information and other departments where the company is registered. Management system, safety production management system, service quality assurance system.
It can be seen from the above provisions that the network car platform company is an enterprise legal person engaged in booking taxi services based on Internet technology.
In accordance with Articles 81 and 812 of the Civil Code, the online car-hailing platform company has the obligation to safely transport passengers to the agreed place within the agreed or usual transport route and within the agreed time limit.
2. car-hailing platform companies should provide passengers with taxis that meet the prescribed conditions.
The online car-hailing platform company appears in the form of a new business type economy, and the state has no specific regulations on whether it is engaged in booking taxi transportation services with its own vehicles. In practice, the network car platform company basically has no self-purchased vehicles to engage in network car business services.
In view of the fact that the online car-booking platform company provides public transportation services to the unspecified public, in order to ensure public safety, the state requires the online car-booking platform company to ensure that the vehicles it provides services must have legal business qualifications, good technical conditions, and reliable safety performance., Have insurance related to operating vehicles, and ensure that the vehicles that provide services online are consistent with the vehicles that actually provide services offline.
Based on this, the booking taxi provided by the network car platform company should have the "network booking taxi transport certificate". Otherwise, the transport behavior is not legal, so the network platform company may bear the corresponding civil liability and administrative liability.
Drivers of 3. online car-hailing platform companies that provide booking taxi services should comply with national regulations.
Online car-hailing drivers who provide transportation services to passengers by online car-hailing platform companies shall meet the requirements of the state, and the drivers shall have legal qualifications and hold the "Online Taxi Driver's License." Online car platform companies should ensure that the drivers who provide services online are consistent with the drivers who actually provide services offline. Otherwise, the transport behavior is not legal, so the network platform company may bear the corresponding civil liability and administrative liability.
If the online car-hailing driver knows that he does not have the "online booking taxi driver's license" and still voluntarily provides transportation services for passengers in the name of the online car-hailing platform driver, the online car-hailing driver may therefore bear the corresponding administrative responsibility. It is worth noting that the drivers of the online car-hailing platform are part-time, and they should also meet the requirements for the qualifications of vehicles and drivers in the "Interim Measures for the Management of Online Taxi Service Management.
4. the relationship between the network car platform company and the network car driver
(I), under normal circumstances, the network car platform company and the network car driver should belong to the labor relationship. First of all, the taxi booking service belongs to the main business of the online car booking platform company, and the labor provided by the driver is an integral part of the business of the online car booking platform company. Secondly, all the drivers of the online car booking platform are registered with the online car booking platform company and approved by it to become the drivers of its platform company. Third, the drivers' labor remuneration comes from the taxi booking service fees charged by the online car booking platform company. Fourth, drivers are required to abide by the various rules and regulations formulated by the online car-hailing platform company, and receive pre-job training and daily education in the management of the online platform company, professional ethics, service standards, and safe operation; fifth, the online car-hailing platform company and The drivers of online car-hailing meet the subject qualifications stipulated by laws and regulations.
(II), if the driver of the online car-hailing company works part-time in the online platform company, both parties should also belong to the labor relationship as long as they pass the examination and approval of the online car-hailing platform company.
(III), if the driver of the network has received a pension in the social co-ordination agency, it is a labor relationship with the network platform company.
(IV) law stipulates that labor dispatch is generally implemented in temporary, auxiliary or alternative jobs. However, the position of online car-hailing driver does not belong to the temporary, auxiliary or alternative job position of online car-hailing platform company. Therefore, it is not in conformity with the law that the online car-hailing platform company determines the employment relationship with the driver by means of labor dispatch.
Based on the above analysis, we believe that the network car platform company and the network car driver system management and management relationship, under normal circumstances, the platform as the network car driver employer, should bear the responsibility of the employer in accordance with the law, for the network car driver to pay social insurance, safeguard the legitimate rights and interests of the network car driver.
5. the relationship between ride-hailing platform companies and passengers
The legal relationship between the network car platform company and the passenger system is the legal relationship of the contract of carriage between the equal subject. It is both a legal obligation and a contractual obligation of the online car platform company to provide transportation services to passengers with legal vehicles and legal drivers, and to safely deliver passengers to their destination according to the agreed or usual route. Otherwise, the online platform company may constitute an illegal breach of contract. The pricing of transportation services of the online car-hailing platform company shall include legal vehicles, legal drivers, transportation costs and their appropriate profits. Based on the principle of consistency of rights and obligations, passengers have the right to propose a corresponding reduction in the amount of transport tickets for defects in the service.
6. the responsibilities of the relevant government departments for supervision during and after the event.
In order to ensure the safety and convenience of people's travel and promote the healthy and orderly development of online car-hailing platform companies, relevant government departments should effectively perform their supervision responsibilities during and after the event. The relevant departments should set up a unified hotline for complaint supervision, carry out irregular inspection on the operation, vehicles and drivers of the online car Hailing platform company, listen to the opinions and suggestions of all parties, and protect the legitimate rights and interests of the drivers and passengers of the online car Hailing platform company according to law, so as to maintain social stability, social order and social public interests, and make the development of the online car Hailing platform company stable and far away.
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