Research On The Legal Protectionof Labor Rights And Interests Of "Online Contract Workers"

With "Internet +" in-depth development,network platform for enterprises and traditional industry constantly fusion,not only created a new worker group "net about workers",also created a new type of labor: the "platform + individual",because this kind of new way of employment in such aspects as work time,place,compared with the traditional way of accepting more freedom,more workers become the preferred,The number of online workers has grown rapidly.But their way of innovation,make the network platform between enterprise and the "net about workers’ labor relations also is plural,blurred and complexity etc,combined with the current labor law norms cannot completely solve the problem of labor disputes between the two parties,the resulting network platform between enterprises and" net about workers’ labor dispute cases also increased significantly.Therefore,the legal protection of labor rights and interests of "online contract workers" has become an urgent legal issue in the current labor law.This paper uses legal text analysis method,literature research method,comparative research method and case study method to explore the existing problems in the legal protection of labor rights and interests of "online contract workers".In addition to the introduction and conclusion,this paper mainly includes the following four parts.The first part introduces the concept of "network contract labor" and the new characteristics of labor.China’s law does not define the concept of "online contract work",and there are different views on the concept of "online contract work" in the academic circle.The reason why it is called "online contract work" is that laborers provide labor services for consumers through the network platform.The employment mode between "online employment contract" and network platform also presents diversified types,which can be roughly divided into direct employment mode--network platform enterprises sign labor contracts with workers;Intermediary mode--Network platform enterprises release relevant information based on the needs of others and provide certain job opportunities for other people who need this information;Outsourcing mode--the work tasks belonging to network platform enterprises are handed over to the third party enterprises to complete;Crowdsourcing--Online platform companies outsource work previously performed by employees to non-specific social groups that meet their needs in a free and voluntary manner.In the crowdsourcing mode,the labor rights and interests of "network workers" are relatively difficult to protect,and the labor characteristics between the two parties also show flexibility and high flexibility,and the labor relationship is weakened and the labor relationship tends to be removed.The second part elaborates the main problems existing in the legal protection of labor rights and interests of "online contract workers".In the legislation of our country and in the past two years about the "net about workers’ labor dispute cases,contrast around the court judge the results,analyze our country’s labor laws and regulations on protection of the rights and interests of workers lack of hierarchical and high flexibility of regulation,the current law and its system cannot cover" net about workers "this group," Network about workers’ labor rights and interests can not get full legal protection problems,mainly reflected in the following aspects: " the net about workers " there is no clear legal concept and cognizance standard of labor relations,network platform between the enterprises and service providers of labor dispute,the court in the judicial practice about the case of " net about workers " will appear different referees results;The main body of "network contract workers" is one or more,the characteristics of high mobility of employment and social insurance is based on labor relations,resulting in the "network contract workers" social insurance coverage is not comprehensive;In the case of complex employment relationship between network platform enterprises and "network contract workers",the labor law enforcement and supervision method is not perfect.Therefore,the labor rights and interests of "online contract workers" urgently need legal protection.The third part summarizes the legal practice of protecting the labor rights and interests of "online contract workers" in some countries outside the region.From the outside part of the country "net about workers’ rights and interests safeguard system for the related legal practice and the study found that some countries of Anglo-American law system is based on control theory that" the net about workers "in the process of unit of choose and employ persons arranges the work task by unit of choose and employ persons is the degree of monitoring and management to determine whether to guarantee for their labor rights and interests;Some countries in the civil law system guarantee the labor rights and interests of "network contract workers" based on labor subordination,i.e.economic subordination and establishing quasi-subordination labor system.Their relevant legal practices and systems have an important reference for China to protect the labor rights and interests of "net contract workers" in terms of identifying labor relations,investigating labor affiliation and adding labor subjects.The fourth part,on the basis of the previous research,puts forward suggestions to improve the legal protection of labor rights and interests of "online contract workers" in China.From the aspects of labor legislation,platform subject responsibility,labor supervision and social insurance,this paper puts forward suggestions on improving the labor rights and interests protection system of online contract workers in China.On the labor legislation,it should be because of the flexible employment and form a new type of labor relations into the field of labor law regulations,clear to include "net about workers" in the scope of protection of labor law,perfect the "net about workers’ labor relationship standards as well as in the traditional and independent labor relationship between labor relations established an intermediate type labor protection subject protection system,etc.In terms of the main responsibility,the network platform should assume the employer’s responsibility and social responsibility,and constantly optimize the internal employment management to standardize employment and innovate the performance management mechanism to improve the enthusiasm of "online contract workers".In terms of labor supervision,the government should promote the digitalization of labor supervision and improve the way of labor supervision so as to solve the complicated labor supervision problem of "network contract".In terms of social security,desalinate the connection between social insurance and labor relations and innovate the form of social insurance payment of "online contract workers",improve the coverage rate of social insurance and the enthusiasm of relevant subjects to pay social insurance.Further provide necessary protection for the labor rights and interests of "online contract workers" comprehensively,and promote the steady development of social economy.