Research On The Protection Of Labor Rights Of Gig Economy

Currently,with the emerging of new technological advancements such as Internet of things,5G communication,artificial intelligence and block chain,the development of Internet economy is in full swing.As a new economic model,the gig economy has become a crucial way of labor employment in the context of big data platform,and has led to profound changes in social life.On the one hand,the gig economy mode optimizes the allocation of idle human resources,promotes multi-skilled personnel to realize multi-role employment.It allows enterprises to have greater flexibility in recruiting workers,and also shrinks the labor costs to a certain extent;on the other hand,this employment mode has deliberately blurred the legal character of employment relationship,weakened the workers’ subordination to a large extent by not directly establishing labor relations between platform and employee,resulting in severe mismatch between the rights and liabilities of both parties,which makes the legal rights of the workers in terms of wages and benefits,labor safety,social security to be seriously violated.Based on above,comparative study and case sorting are adopted in this paper.Taking the subordination theory of traditional labor relations as basis and combining the current situation of gig economy workers’ rights infringement,this paper further studied the insufficient of the third classification and dichotomy,to put forward the implementation path and specific protection suggestions for the adjustment of employment relation law of gig economy.This paper consists of five chapters.Chapter one is the introduction,which mainly focuses on research background and practical significance of this topic.Chapter two presents the proposal and evolution of the concept of gig economy,and puts forward the main characteristics of gig economy based on the comparison of platform economy and sharing economy.Chapter three describes the long-term infringement of basic labor rights of gig economy such as the rights to get guerdon,to rest and take a holiday and to file labor disputes,as well as the right of labor safety and health,the right of social security and welfare,and the right of labor dispute settlement,etc.Chapter four analyzes the main causes of the labor rights violation of gig economy.Firstly,the defining structure of traditional dichotomy lacks of transitivity,which determined that it cannot effectively cope with the weakening of personality and organizational subordination in the gig economy.Secondly,the basic theory and rule design of the third classification need to be further developed and perfected,which may cause adverse effects on the rights of practitioners in standard labor relations due to adverse selection,cannot meet the needs of relality after all.Chapter five advocates the protection suggestions of the labor rights and interests of gig economy.In order to protect the rights of gig economy workers,we should establish dialectical thinking,adhere to the principle of comprehensive treatment of both symptoms and root causes.In terms of treating the root cause,we should stand on the basis of the definition of labor legal relationship,to classified protect four types of employment of platform combined with the existing laws and regulations,which includes employee conforms to establish labor relations,employee cannot completely conform to establish labor relations with labor management,employee independently acts on the platform and cooperation.In terms of suppressing the symptoms,we should promote effective measures to protect legitimate rights of workers by drawing lessons from the successful experience of foreign countries and the pilot results of individual cities in China.Especially in the view of infringement of gig economy workers in five aspects such as wages,welfare,labor protection and social insurance,etc.