Research On The Labor Standards Of Platform Practitioners

Due to the characteristics of weak subordination and de-labor relations of platform employment,the relationship between platform practitioners and platform enterprises cannot be determined.Also,because of the differences between platform practitioners and traditional workers,there are differences in views between academic circles and judicial practice on how to protect platform practitioners.Some believe that the civil law can be used to protect platform practitioners,and some believe that the labor contract law can be used to protect platform practitioners,but the author agrees with the viewpoint of using the Labor Standards Law to protect platform practitioners.The main reason is that the identification of a civil legal relationship or a non-standard labor relationship between platform practitioners and platform enterprises is inconsistent with the characteristics of platform employment,and the protection of the Labor Standards Law is not limited to the identification of relationships,starting from the legislative purpose of the Labor Standards Law,It is necessary and reasonable to treat platform practitioners as workers under the protection of the Labor Standards Law.However,my country’s existing labor standards law has legislative problems,such as imperfect systems,low legal status,poor enforceability,and outdated legal documents of my country’s labor standards law.It is impossible for legislation to consider platform employment,a new type of employment method.Therefore,the existing labor standard law will inevitably not be applicable to platform employees,and the existing labor standard law needs to be integrated and revised to achieve the purpose of being applicable to platform practitioners.Platform employment is not only a new type of employment for my country,but also a new type of employment for other countries,and it is necessary to continuously explore protection paths.At present,California’s AB-5 Act is the first legislation aimed at the platform economy.The "ABC" standard adopted by it aims to expand the scope of laborers,which is to reclassify labor providers who are misclassified as independent contractors as laborers.Once recognized as a worker,they will enjoy the basic rights and protections stipulated by the law,including minimum wage,compensation for workers injured at work,unemployment insurance,paid sick leave and paid family visit leave.The legislative spirit of the AB-5 Act is worthy of our study,which is to reclassify as many workers as employees as possible,and give the protection of the Labor Standards Law.However,California’s labor standards law is obviously not applicable to the current new type of employment environment.Only by constructing a labor standards law system suitable for new types of employment can a solution to this problem be provided,and a balance between platform labor costs and labor rights can be achieved.Balance and maintain the normal order of the labor market.The Labor Standards Law,as the minimum standard of working conditions for workers,mainly protects workers’ labor rights through mandatory regulations on working hours,wages,and labor safety and health.my country is to formulate a comprehensive "Labor Standards Law".The structural framework can refer to the "Labor Standards Law" of Japan.The reasonable parts of it can be used for reference.Seven chapters including labor protection,legal responsibilities,and supplementary provisions.However,in the past,the applicable objects of the Labor Standards Law have always been traditional workers,not including platform practitioners.Therefore,when setting specific labor standards,it is necessary to combine the characteristics of platform employment and set special regulations,especially focusing on the four chapters of working hours,wages,occupational safety and health,and special labor protection.Include all workers,including platform practitioners,in the scope of protection of the Labor Standards Law and provide them with the most basic labor protection.This is the proper meaning of harmonious labor relations and a promotion of the development of the platform.Let more labor force enter the platform market without scruples.