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既非雇员也非承包商:台湾平台外卖企业与骑手之间雇佣关系的案例研究

Neither Employee nor Contractor: A Case Study of Employment Relations between Riders and Platform-Based Food-Delivery Firms in Taiwan

Work, Employment and Society · 2022
被引 16
ABS 4

中文导读

通过案例研究,运用制度逻辑理论分析台湾平台外卖行业为何未出现西方国家的法律纠纷,发现利益相关者迅速达成共识,将骑手视为“准雇员”,这源于工人与资本家利润理论的趋同、维持平台盈利的动机以及政府的技术发展主义。

Abstract

There have been numerous legal battles in Western countries concerning employment relations between platform-based food delivery firms and their riders; however, no such legal battles have occurred in Taiwan. This qualitative case study applies the theory of institutional logics to examine the reason such legal action is absent in Taiwan, focusing on how different stakeholders apply different logics to employment relations in Taiwan’s platform-based food-delivery sector. Through this investigation, this article shows that most stakeholders in this sector quickly came to a consensus that the ‘quasi-employee’ hybrid logic should be applied to riders, and that this was due to a convergence of worker and capitalist theories of profit, motivation to maintain the profitability of these platform firms (who are regulatory entrepreneurs performing symbolic compliance) and the techno-developmentalism of the Taiwanese government.

平台经济雇佣关系制度逻辑台湾外卖行业