Research On The Protection Of Labor Rights And Interests Of Online Contract Workers In My Countr

With the development of algorithm technology and mobile intelligent terminal,a new economic system based on data-driven,platform support and network collaboration has been formed,which is also known as platform economy.Under this background mode,there are different employers from traditional enterprises and workers.On the one hand,they are typical platform enterprises such as Beijing Sankuai Online Technology Co.,Ltd.and didi Travel Technology Co.,Ltd.these enterprises use meituan takeout,Didi travel and other apps as operation platforms to promote supply and demand transactions between two or more parties through the mastered big data;On the other hand,the typical online workers are online take out riders and online car Hailing drivers.They rely on the platform to send one-way labor or services to the demand side,so as to obtain remuneration.However,in order to maximize their own interests,platform enterprises secretly dominate and control the labor process of online workers with the help of algorithm logic,which increases the labor risk and labor intensity in the process of online workers’ employment.Online workers fall into the dilemma of no guarantee of the right to rest and occupational safety,unstable labor remuneration and lack of industrial injury insurance.This paper believes that the reason for this dilemma is that the current identification standard of labor relations is not applicable to the current situation that the labor relations of online contract workers are fragmented,resulting in the difficulty in the identification of online labor relations;Secondly,the lack of regulation of algorithm technology by public power leads to the imbalance of rights and liabilities of platform enterprises and aggravates the inequality of labor and capital status;Moreover,it is difficult for online contract workers to conduct collective negotiation,and the rights protection channels are limited,so that online contract workers are difficult to master the right to speak of labor relations.Therefore,the protection measures are as follows: first,improve the labor rights and interests protection system,reconstruct the recognition standard of labor relations,recognize that "main" online contract workers and platform enterprises constitute non-standard labor relations,and "sideline" online contract workers and platform enterprises constitute labor relations;Second,strengthen the supervision of Internet platform enterprises,clarify the main responsibilities of platform enterprises,and establish a pre regulation system of algorithms to supervise algorithm technology;Third,bring online workers into the coverage of trade union organizations and expand the strength of online workers with collective negotiation mechanism.