Legal Protection Of The Rights And Interests Of Platform Workers Problem Research

The rapid development of Internet platform economy has promoted a large number of platform enterprises,resulting in a sharp increase in the number of platform employees,from the reality of China’s current labor model.However,in practice,the labor rights and interests of platform workers can not be properly protected,the reason is that China’s current labor legal system does not clearly define the employment relationship between platform enterprises and platform practitioners,resulting in the rights and obligations of both sides can not be clear,the government,trade unions and judicial organs in dealing with such labor disputes in the issue of a slight lack of strength.At present,the academic and practical circles of labor law do not have a unified understanding of what kind of legal relationship constitutes between platform enterprises and platform practitioners,which causes the judicial organs in judicial practice to solve this kind of problem differently,resulting in the phenomenon of different judgments in the same case occurs from time to time,can not fully and comprehensively protect the legitimate labor rights and interests of platform practitioners.Based on the above background,it is necessary for us to conduct an in-depth study on the protection of the rights and interests of platform workers,how to start from the legislative,judicial,administrative and social aspects,from the legal level of the legal relationship between platform enterprises and platform practitioners,not only to fully protect the legitimate rights and interests of platform workers,but also to provide impetus for the development of the platform economy.Based on the legal guarantee of platform labor rights and interests,this paper draws on the theory and judicial practice experience of platform workers’ labor rights and interests protection in developed countries outside the domain,so as to study and discuss the current legal system,theoretical disputes and judicial practice of platform employment relations in China,so as to analyze the imperfect legal system,the deviation of judicial trial and the weak supervision of the administrative department.Then from two aspects of thinking,put forward the corresponding strategies to solve the above-mentioned problems.On the one hand,the introduction of laws and regulations and judicial interpretation,the creation of "intermediate category of workers" system,improve the social security system,strengthen government supervision,a moderate recognition of labor relations;From both inside and outside to improve,in order to better solve the current platform economy in China’s employment relations problems,so that the platform workers’ labor rights and interests are fully protected and maintained.