Research On The Protection Of Labor Rights And Interests Of Internet Platform Practitioners Under The New Employment Form

The development of the Internet platform economy has spawned a large number of internet platform operators,whose demand for internet platform practitioners has to some extent eased the employment pressure in China,especially under the impact of the COVID-19 pandemic,the development of the platform economy has become more important.However,China’s current labor Law,Labor Contract Law and other legal systems have not fully included platform practitioners,which leads to the very weak protection of labor rights and interests of platform practitioners,and also affects the seriousness and unity of judicial trials.Therefore,the protection of platform workers’ labor rights and interests urgently needs to be solved.This paper focuses on the two subjects of platform practitioners and platform operators,starts with the legislative status quo,judicial status quo and the format agreement in the terminal APP operated by platform operators,and makes reference to foreign theories,legislation and judicature to explore the path of protecting the labor rights and interests of platform practitioners.The text is divided into four parts.The first part is an overview of platform practitioners.Under the background of the new employment form,the main concept of platform operator and platform practitioner should be defined firstly.Secondly,the common forms of practitioners on the platform are listed,including online delivery personnel,online ride-hailing drivers,proxy drivers,freight drivers,etc.Finally,through the analysis of the service content and work characteristics of platform practitioners,the employment characteristics of platform practitioners are summarized.The second part is the protection status of workers’ labor rights and interests.This part starts from the following five aspects: legislative status quo,judicial status quo,industry format agreement,phenomenon of "removing legal relations from labor" and administrative law enforcement supervision.It points out that the problems existing in the protection of workers’ labor rights and interests on the platform mainly include: The legal system is not perfect,the judicial judgment is not unified,the format agreement in the industry is not fair,the phenomenon of "de-labor legal relationship" is common and the administrative law enforcement supervision is not good.The third part is the identification of the legal relationship between platform practitioners and platform operators.First of all,the relevant foreign theories are discussed,mainly including the "dualism" of labor relations and the "three division" of labor relations.Secondly,the legal relationship identification of platform practitioners and platform operators in China is discussed.Finally,the conclusion of the legal relationship between the two parties is drawn.The fourth part is the path of platform workers’ labor rights and interests protection.This part is the key research content of this paper.In view of the existing problems,paths are explored to solve the problems.including pointing out the path of judicial judgment under the existing system,constructing legal norms corresponding to labor relations,improving the existing supporting legal system,strengthening administrative law enforcement supervision,and sounding other supporting systems.