A Research on Labor Relations and Legal Policy of Uber

• Main Authors: Hua-Wei Tsai, 蔡華偉
• Other Authors: 鄭有為
• Format: Others
• Language: zh-TW
• Published: 2016
• Online Access: http://ndltd.ncl.edu.tw/handle/77384292036757401933

碩士 === 國立中央大學 === 產業經濟研究所 === 104 === This thesis mainly explored "the legal status of Uber drivers" and "the legal policy of Uber". First, chapter 2 and 3 introduced sharing economy and Uber’s background to let readers to understand the characteristics of sharing economy and the business model of Uber. Then after reviewing the judgment of Taipei High Administrative Court, we could know that the administrative agency and the judicial organ tended to regard Uber as illegal. Later, the thesis based on the doctrine and judicial opinions of Taiwan and the opinions of California's administrative and court decisions to analyze the legal status of Uber drivers. Then the thesis discussed the administrative decision of California Public Utilities Commission and the rules of Public Utilities Code to set a good example to Taiwan. In my opinion, Uber indeed provided the transportation service, but Uber also founded an app to create a new business model of transportation; therefore, the thesis would prefer to establish rules to regulate Transportation Network Company in Taiwan. In addition, the thesis suggested that Uber should reduce its control to drivers, implement corporate social responsibility and cooperate with government to overcome its difficulties. If Uber could achieve the above, I would identify Uber drivers as independent contractors, and the drivers would be more independent and distribute their working hours freely as always. In conclusion, the thesis proposed "establishing the rules of Transportation Network Company", "resolving the dispute of tax", "updating insurance system", "giving Uber drivers the right of negotiation" and "the government should reach an agreement with Uber to use its big data to solve traffic problems". Finally, I truly hope that Taiwan government could be open-minded to accept new industries, and could learn from the rules of Transportation Network Company of California, thereby promoting Taiwan's industrial transformation successfully.