| The development of the Internet and big data has brought the development model of sharing economy into the public’s view.In just a few years,various industries have achieved gorgeous transformation by taking the express train on the Internet,and generate has gained new vitality,affecting and changing people’s lives.The shared economy platform such as Meituan,Didi,Douyu,have created tens of thousands of jobs,making the idle means of production and human resources play the maximum use value.However,the "online contractors" who serve all kinds of shared economic platforms fall into the dilemma of vague identity because of their different characteristics from traditional workers.China’s existing laws do not stipulate the labor relations of online contractors,and the identification in judicial practice is also chaotic.Reaching a conclusion only by the identification standard and protection mode of traditional labor relations is hard.So it is time to respond to the issue of protecting the labor rights of online contractors.This paper mainly discusses the protection of labor rights and interests of online contractors under the sharing economy platform from the following five aspects:First of all,there are many problems in the development of online contractors,which have led to the discussion on the protection of their labor rights and interests.Based on the current research situation,it is found that there is a need for further research on the protection of labor rights and interests.Secondly,online contractors are generated in the background of booming sharing economy,with growing scale and concentrated industry distribution,presenting new employment characteristics.By comparing the characteristics of labor relations,labor relations and employment relations,we found that the employment characteristics of online contractors deviate from the above three relations to varying degrees.Thirdly,the current protection system for online contractors are not sound enough,their specific social insurance,labor standards,and professional development rights are not guaranteed.The formation of this dilemma lies in the defects in the traditional standard of labor relations determination in legislation,on the other hand,the judiciary is very cautious in identifying online labor relations.Since the relationship between online contract workers and platforms does not belong to labor relationship,workers naturally cannot enjoy various rights.In addition,foreign countries have carried out relatively successful exploration on the protection of rights and interests of online contractors,which can be used for reference.The well-known cases of "Uber" in the UK and the US confirmed the labor relationship between drivers and platforms through the existence of control and management factors;Canada,Italy and other countries have their own emphasis on the characteristics,Recognition standard and rights and interests protection of intermediate type workers.;Through the analysis of the two ideas,we can find that the middle-class workers are feasible in China.Finally,the ultimate goal of analyzing the labor rights protection dilemma of online contractors is to better protect the labor rights of online contractors.Therefore,the first task is to clarify the basic principles of rights protection and position the direction of protection.At the same time,it is necessary to enrich the identification standards of labor relations and increase the flexibility of the identification standards;the existing protection framework must be broken through and the establishment of "economically dependent laborers" and its characteristics should be clarified.We should improve specific measures for the protection of labor rights,reform the social insurance(especially work-related injury insurance)system,clarify the corresponding labor standards,give play to the unique role of trade unions in the protection of collective rights,establish the right to employment and development,and achieve professional stability. |
PDF Full Text Request