【摘要】伴随当前互联网经济的繁荣，网约车也随之走进了人们的生活。网约车以其价格便宜、随叫随用、方便快捷的优势迅速打开了客运市场。但随着越来越多的网约车平台的出现，以及更多人加入网约车群体，用工关系认定、交通事故责任纠纷等问题也日益突出。解决上述问题的关键是如何定性新业态下网约车与平台之间的用工关系。笔者以要素式认定模式作为解决网约私家车与平台用工关系认定问题的主要途径，并协调平衡平台发展与网约私家车主的权益保护。

【关键词】 网约车；劳动关系；互联网经济；劳动者权益

Abstract：With the prosperity of the Internet economy, network about car network also went into people's lives around the car,with its cheap On call with the advantage of convenient quickly opened the passenger transportation market But as more and more network about the emergence of car platforms, and more people join the network about car group,and labor relations that traffic accident liability disputes and other issues are also increasingly prominent The key to solve the above problem is how to qualitatively new forms of labor relationship between platform and net about car The author takes the factor identification model as the main way to solve the identification problem of the employment relationship between private cars with online contracts and the platform, and coordinates and balances the development of the platform with the protection of the rights and interests of private car owners with online contracts.

Keywords：online car-hailing； labor relations；Internet economy ；the protection of employee's benefit