| The Internet platform economy is a new way of organizing productivity,and platform employment has also become a new way of employment.In the labor market,online car hire drivers,online couriers,online chefs,and online housekeeping service providers continue to expand.With the expansion of the scale of employment on platforms,labor dispute litigation cases between platforms and practitioners have also increased.Due to the blurring of the employment relationship between practitioners and platforms,the occupational safety of online hired workers is facing a dilemma.How to protect the labor rights of different platforms and different types of practitioners?What are the influencing factors of the degree of labor rights protection?The research conducted theoretical analysis and empirical testing around this issue.This paper adopts a questionnaire survey method to investigate the labor rights and interests of platform practitioners such as Didi,Meituan,Eleme,E-drive,Zhubajie.com,and Mission China.The basic status quo of the labor rights of platform practitioners is as follows:First,most platform practitioners can receive labor remuneration in full and in time.Second,fortyfive percent of practitioners work more than eight hours a day.Third,platform practitioners bear professional risks at work,and the safety of the workplace is not guaranteed.Fourth,the platform lacks stability.Fifth,practitioners lack a voice in the workplace.Based on the system theory of labor relations,this paper integrates Koken’s strategic choicemodel to construct a model of influencing factors of the degree of labor rights protection of platform practitioners.The labor relation system can be regarded as four consecutively related parts of "input,subject,conversion process,and output".The input includes economic environment,political environment,technological environment,and legal environment.The main body includes platform companies,governments and practitioners.The conversion process is defined as the unilateral strategic behavior of the main body of the labor relation system according to Koken’s strategic choice model.The output of the system is the rules that determine the labor rights of employees.Changes in the external environment,such as economic,technological,and legal environments,will lead to changes in the strategic behavior of the main body of the labor relations system。The strategic choices of the platform include the,"de-employerization" of the employment relationship between the platform and the practitioners,the algorithmization of the platform’s management of the labor process of the practitioners,and the "digital reputation" of the platform’s work supervision of the practitioners.The government’s strategic choices include the government’s legal system and the government’s regulatory policies.Practitioners’strategic choices include practitioners’strategies to improve their bargaining power and practitioners’ choice of work autonomy.After the strategy of the game between labor and capital is changed,the balance of power in the game between labor and capital will also change.The game between the platform and the practitioners,coupled with government governance,together form the output of the labor relations system,that is,the degree of protection of the labor rights and interests of the practitioners.Based on the above logic,an influencing mechanism for the degree of labor rights protection of platform practitioners is constructed.After the theoretical model is established,this article uses the ordered regression method to empirically test the influencing factors.In the full sample test,the significant factors affecting the degree of labor rights and interests of platform practitioners include:the platform order distribution system of platform group variables,the platform labor pricing system,and the construction of platform labor dispute appeal channels.Practitioner group variables include practitioners’ willingness to work,the increase of practitioners’ weekly rest time,the number of vocational trainings,and union participation.The government legal system and government supervision policies for government group variables.The platform information fee extraction ratio and the consumer evaluation system have a negative impact on the degree of labor rights protection of employees.Based on the ordered regression of the full sample,the percentage of the actual effect of the respective variable on the dependent variable is solved.The conclusion is that first,platform companies dominate the formulation of labor relations system rules.Second,practitioners are in a contractually weak position in the labor market.Third,the contribution ratio of the platform’s labor pricing system and order distribution system is much higher than that of the consumer evaluation system.Fourth,the construction of platforms for labor dispute appeal channels should be paid attention to.A sub-sample empirical test was conducted on the factors that influence the degree of labor rights protection of practitioners on intermediary platforms and organizational platforms.In the sub-sample inspection,the significant factors affecting the labor rights and interests of the practitioners are:the order distribution system of the platform,the labor pricing system,the frequency of vocational training,and the government legal system.The two types of platforms are different:the information service fee has a significant negative impact on the dependent variable on the intermediary platform,but is not significant on the organizational platform.The consumer evaluation system is not significant on the intermediary platform and the organizational platform,but it has a negative impact on the intermediary platform.Employment willingness has a significant positive impact on intermediary platforms,but not significant on organizational platforms.Government supervision policies have a significant positive impact on organizational platforms,but not significant on intermediary platforms.On the basis of ordered regression,sub-samples have solved the actual effect percentages of the respective variables on the dependent variables.The conclusion is that first,the algorithmic control contribution ratio of the organizational platform is higher than that of the intermediary platform.Second,the work autonomy contribution ratio of intermediary platform practitioners is higher than that of organizational platform.Third,the contribution ratio of the consumer evaluation system on the intermediary platform is higher than that of the organizational platform.Fourth,the proportion of platform information fees charged on intermediary platforms is higher than that on organizational platforms.Fifth,the contribution of practitioners to the degree of labor rights protection in the two types of platforms is comparable.A sub-sample empirical test was done on the factors affecting the degree of labor rights protection of full-time practitioners and part-time practitioners.The conclusion is that first,the willingness of employment has no effect on the degree of labor rights protection of full-time practitioners,and has a significant positive impact on the degree of labor rights protection of part-time practitioners.Second,platform information management fees and consumer evaluation systems have a negative impact on both full-time and part-time practitioners.Third,the construction of the platform order distribution system platform labor pricing system,and labor dispute appeal channel has a significant positive impact on both full-time and part-time practitioners.Fourth,the government legal system and government supervision system have a significant positive impact on both full-time and part-time practitioners.On the basis of ordered regression,sub-samples have solved the actual effect percentages of the respective variables on the dependent variables.The conclusions are as follows.First,the contribution ratio of job autonomy to the labor rights and interests of part-time practitioners is greater than that of fulltime practitioners.Second,the contribution ratio of algorithmic control to the labor rights security of full-time practitioners is greater than that of part-time practitioners.Third,the contribution ratio of the platform order distribution system to the labor rights protection of parttime practitioners is greater than that of full-time practitioners.Fourth,the platform labor pricing system contributes more to the labor rights and interests of full-time practitioners than part-time practitioners.Fifth,the contribution ratio of the consumer evaluation system to the labor rights protection of full-time practitioners is greater than that of part-time practitioners.Sixth,the contribution ratio of vocational training to the labor rights and interests of full-time practitioners is greater than that of part-time practitioners.Based on the above-mentioned empirical examination and reflection,the following conclusions are drawn:platform companies have the right to formulate labor relation system rules,but practitioners have a certain degree of work autonomy.The degree of the platform’s control over the labor process determines the degree to which practitioners comply with the platform’s rules.The degree to which practitioners are dependent on the platform economy determines their degree of compliance with the rules of the platform.The enlightenment of the policy recommendations is that the rules for defining the employment relationship between platforms and practitioners need to be based on the classification of platforms and practitioners.The platform is divided into an intermediary platform and an organization platform according to the different execution functions.The relationship between intermediary platforms and practitioners is a cooperative relationship.The employment relationship between the organizational platform and the practitioners should be distinguished based on the practitioner’s subordination to the platform.Practitioners have personality subordination to the platform,it is the labor relationship;the practitioners have no personality subordination to the platform and have economic subordination,it is a special labor relationship,which belongs to similar workers;the practitioners have neither personality subordination nor personality subordination to the platform.What has no economic subordination is a cooperative relationship.This article puts forward the principles of guaranteeing the labor rights and interests of platform practitioners.One is based on the attributes of their relationship with the platform,and the other is to combine the different social protection needs of platform practitioners.The specific idea of the guarantee is that workers and similar workers shall implement hierarchical protection.Workers shall be protected by the labor law,and similar workers shall provide limited protection.The second is that similar workers should implement classified protection according to different social protection needs.Practitioners of crowdsourcing platforms need to establish a minimum wage standard.Practitioners of on-demand work platforms need safety in their workplaces.Therefore,the government should formulate labor rights protection policies suitable for similar workers in the top-level design,including the occupational injury protection system for on-demand work platforms and the minimum wage standard system for crowdsourcing platforms. |
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