Research On The Improvement Of The Labor Law System In Response To The Gig Economy

The gig economy is a new economic model that relies on Internet technology.In the post-epidemic era,the gig economy has become an important way to solve employment problems.It is quite different from the traditional forms of employment,which has caused a certain degree of impact on my country’s labor law system.The legislation lacks the overall design of the employment regulation of gig economy,the related laws and regulations are insufficient,and the existing laws and regulations are relatively general and vague.The judicial process is formalized,and the value judgment lacks a unified standard.Existing standards for defining labor relations are lagging behind the employment forms in the gig economy,and the regulatory path of the "labor dichotomy" has defects.The protection of workers’ rights under the gig economy is facing difficulties.The labor law regulation of part-time employment is a global problem.In the United States,the "labor dichotomy" is adopted at the level of legal regulation and judicial adjudication,and part-time economic workers are included in employees for protection.The Italian "quasi-dependent labor" system and the German "employee-like" system adopt the"labor trichotomy" to protect workers in the casual labor economy separately.The various problems of labor law system in China’s gig economy are apparently due to the lack of legal regulation,but in fact,it is the fundamental difference between "labor dichotomy" and "labor trichotomy"."The "labor dichotomy law" can no longer adapt to the rapid development of the gig economy,which brings about a new type of large-scale employment.By referring to the criteria of "employee-like",the original definition of labor relations should be reconstructed under the framework of "labor triad".The legal nature of the employment in the gig economy should be clarified or amended in accordance with the national conditions,and separate regulations should be formulated to regulate different industries in the gig economy.The legal norms themselves should take into account the protection of substantive rights and the procedures of rights relief,and at the same time,attention should be paid to the balance of legislative interests and the special regulation of hidden employment.Due to the long legislative amendment cycle,attention should be paid to the protection of workers’ rights and interests in the gig economy during the transitional stage to avoid judicial formalization of the trial,and a functionalist regulatory path in line with the spirit of labor law legislation should be adopted.At the same time,it should strengthen the awareness of responsibility of platform companies and make them take up their due responsibilities in pre-employment training,safety management and rights protection.