Study On Labor Rights And Benefits Protection Of "Networkers"

With the continuous integration of new employment methods and traditional industries,the problems existing in the protection of labor rights and interests of "Networkers" are increasingly prominent and urgently need to be solved.With the China judgements online as the retrieval source,30 cases are selected as the blueprint to study the core issue of labor rights protection of "Networkers" :First of all,Form and substance should be taken as two aspects of the judgment of the "Networkers" benchmark.There is a two-way dependence relationship between "Networkers" and platform enterprises between labor affiliation and business cooperation,that is,"Networkers" rely on the platform enterprises' demand information and real-time matching technology of supply and demand information,while platform enterprises rely on the supply and demand information and labor force of "Networkers".In this relationship,platform enterprises still have a certain degree of labor control over "Networkers",which should be adjusted as a labor relationship.Because this kind of labor relation presents the new characteristic to make it with the traditional labor relation different,therefore and calls it the new labor relation.Secondly,in practice,the rights and interests of Networkers" such as the right to labor remuneration,the right to obtain labor safety protection,and commercial insurance interests are paid more attention and attention.The tilted protection of judges is also very beneficial to the protection of their labor rights and interests.However,these guarantees are not systematic and comprehensive,so it is necessary to systematically consider and construct the labor rights and interests of "Networkers"."Networkers" is both general worker and special worker.So the current labor laws and regulations give ordinary laborer labor rights should be the "Networkers" enjoyed,including the right to equal employment,independent to choosing a career,the right to labor remuneration,labor safety and health protection,the right to insurance,the right to rest and vacation,labor dispute to discretion,the right of association and collective bargaining,at the same time,in view that this is a new type flexible and independent labor characteristics,in view of the current labor laws and regulations too cumbersome and heavy double salary system,economic compensation system,etc.,"Networkers" except shall apply;In addition,contract interests,labor infrastructure and public services,property interests and so on also belong to the "Networkers" labor rights and interests should mean.Finally,"Networkers' labor rights and interests of the guarantee shall be based on careful intervention of public power,labor rights and interests safeguard measures of portability and principles of pertinence,the innovative application of Internet technology,etc for directional guidance,from the confirmation and the safeguard the labor rights and interests of comprehensive security,responsibility,the reasonable distribution of the three dimensions of" Networkers' labor rights and interests safeguard to explore.