Research On The Protection Of Rights And Interests Of Atypically Employed Workers

In the era of sharing economy,the labor market of atypical employment is more extensive and profound.This new employment model is that workers directly serve the enterprises on the sharing platform with the help of the sharing economy to provide life services for consumers.It has the characteristics of strong employment flexibility and more employment opportunities,making idle resources fully utilized and life more convenient.However,this employment model will lead to the contradiction of strict restrictions and lax protection of non-typical employed workers in the application of laws,difficult identification of labor relations,and lagging protection and adjustment of labor laws and systems.In terms of labor rights,the concealment of employment weakens the legitimate rights and interests,the lack of employment opportunities and salary guarantee in career development,and the realization of social insurance rights and interests is impeded.In judicial adjudication,different judgments are made in the same case due to different standards of adjudication,multiple subjects and complex procedures,which increases labor risks and damages the legitimate rights and interests of workers.In response,during the two sessions in 2021,the work report of the Supreme People's Court and deputies to the National People's Congress both put forward suggestions to strengthen the protection of the legitimate rights and interests of non-typical workers in the sharing economy.In order to solve the problems faced by the protection of the rights and interests of atypical employed workers in the era of sharing economy and improve the protection level of labor rights and interests,this study placed the protection of the rights and interests of atypical employed workers in the specific economic background of "sharing economy",and the scope is not limited to the specific employment patterns of atypical employed workers specified in labor legislation.Through literature analysis,this paper discusses the problems encountered in the application of law,the implementation of labor rights and the definition of judicial judgment in the protection of the rights and interests of non-typical employed workers in the era of sharing economy.Through literature search and reading,this paper refers to the experience of system construction in the protection of the rights and interests of atypical workers in the era of sharing economy in Spain and Germany in the civil law system,and the United States and the United Kingdom in the common law system,and deeply reflects on the feasibility and operability of its practice in China.The specific research conclusions are as follows:1.From the three perspectives of current law application,the author proposes to change the mode of legal protection.In the face of the deregulation trend of non-typical employment labor relations under the sharing economy,labor legislation should not be reduced to a lower standard,but should be reasonably legislated and correctly regulated.The establishment of the third class of labor types,hierarchical classification management,targeted to solve the labor legislation in the vague areas.Special laws have been formulated for some specific labor groups to meet the diverse labor protection needs of non-typical workers in the era of sharing economy.2.Analyze the situation that the labor rights and interests of the non-typical employed workers who rely on the sharing platform for employment are weakened and difficult to implement in the process of work.Based on the lack of employment concealment,occupational security and social insurance,this paper discusses the ways to regulate labor rights and interests.Among them,refining the identification standard of labor relationship and realizing the transformation of "fictitious labor relationship" is an important step to distinguish the concealment of employment.The improvement of laborers' specific labor rights should not exclude the application of labor rights protection rules for atypical employed laborers in the era of sharing economy,but should emphasize equal protection,setting legal benchmark,and strengthening financial subsidies.To solve the problems of social insurance coverage and narrow subjects,we should expand the scope of social insurance,pay more attention to the incentive mechanism and compulsion of payment,and gradually promote all kinds of insurance,so as to enhance the operability of realizing the social insurance rights and interests of non-typical employed workers in the era of sharing economy.3.Inconsistent judgment standards and complex subjects and procedures of such cases in the judicial trial process lead to the phenomenon of frequent different judgments in the same case.By giving full play to judicial initiative and choosing the content and degree of protection for laborers flexibly according to individual cases,the traditional "dual" judgment thought is broken through.Expand the relief channels available to workers,set up special labor courts,and form a unified understanding of employees through regular exchanges.The Supreme People's Court has unified the discretion standards by issuing guiding cases,formulating and issuing special judicial interpretations,and providing support for the protection of the rights and interests of workers with atypical employment in the era of sharing economy at a time when the protection system of workers' rights and interests is not yet perfect.