当前运输市场中,自然人购买车辆挂靠运输企业,以运输企业名义对外经营的现象比较普遍。挂靠给挂靠运输企业、实际车主、运输市场均能带来福利,但挂靠行为本身违法,就驾驶员与挂靠运输企业是否构成劳动关系问题上,也在法律与实践方面带来了极大挑战。本文拟为驾驶员与挂靠运输企业之间设计创新式的劳动关系,即挂靠运输企业仅在驾驶员遭受工伤时承担用工责任,以便在对挂靠行为善加利用的同时,也使挂靠运输企业与驾驶员之间的劳动关系问题得到妥善解决。 In the current transportation market, the phenomenon that natural persons purchase vehicles affiliated with transport enterprises and operate overseas in the name of transport enterprises is relatively common. However, the calling behavior itself is not lawful, and it poses a great challenge to the law and practice in terms of whether the driver and the affiliated transportation enterprises constitute labor relations. This article intends to design innovative labor relations between the driver and the affiliated transport enterprises, that is, the affiliated transport enterprises bear the responsibility of employment only when the driver is injured in work, so that while making good use of the affiliated behavior, The issue of labor relations between drivers has been properly solved.