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Research On The Protection Of The Rights And Interests Of Network Contractors

Posted on:2022-03-06Degree:MasterType:Thesis
Country:ChinaCandidate:Y T ZhangFull Text:PDF
GTID:2507306515461814Subject:legal
Abstract/Summary:PDF Full Text Request
The Internet industry has driven the rapid development of the sharing economy,and many new occupations have emerged,such as takeaway riders,Didi drivers,online chefs,online cleaning,etc.,providing a large number of employment opportunities for social development,and also great convenience People’s production and life,but it is undeniable that the emergence of this new type of employment group also poses new challenges to social management.The limitations and lag of my country’s existing "Labor Law" and related legislation have created contradictions with the ever-developing social economy.The labor relationship identification standards under the labor legislation system and the rights and interests protection system of related employees are facing severe and urgent issues.Tests,contradictions between new types of labor groups and network platforms frequently occur.However,due to the nature of the employment relationship between "online hire workers" and online platforms under the new employment situation has not yet been determined,the relevant rights and interests of these labor groups cannot be incorporated into the existing labor security system to be regulated.The differences between the new type of employment and the traditional forms of employment make the characteristics of the new type of employment labor relations more ambiguous.How to identify the legal relationship of online appointments is a hot issue and a difficult problem.The "14th Five-Year Plan" puts forward the new goal of improving the income social security system that is compatible with the level of economic development.It emphasizes the need to improve the multi-level social security system and at the same time relax the conditions for flexible employment.As a huge new force supporting social development,the establishment of a new type of labor group is the primary prerequisite for protecting the steady and healthy development of the sharing economy and an inevitable requirement for promoting the harmonious development of society.At present,scholars from different disciplines such as economics,management,sociology,and law are analyzing and discussing the employment issues in the sharing economy from their respective professional perspectives.This article mainly conducts research from a legal point of view,combined with the current development trend of the "online hire" employment model led by the sharing economy,analyzes the types of "online hire" and the characteristics of the employment model,and compares it with traditional labor relations and other forms of employment.Make a comparative analysis,and analyze the current status and causes of the protection of the rights and interests of this type of "online hire" as atypical labor groups,and then analyze the legal status and related rights protection issues of the new type of labor groups in civil law countries and common law countries.The system reforms carried out comprehensively sort out the measures taken by Germany,Japan,Italy,Spain,the United Kingdom,the United States,and Canada,and draw lessons from the reform of China’s related systems according to local conditions.Finally,it is proposed from the top-level design to improve my country’s labor relationship system with the "Labor Law" as the core,and the specific measures are combined with my country’s actual situation and foreign experience to establish a sound "online job" rights protection system.
Keywords/Search Tags:Sharing economy, Net contract worker, New employment relationship, Rights and interests protection
PDF Full Text Request
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