Research On Legal Protection Of Worker’s Labor Rights And Interests In Platform Economy

With the continuous innovation and progress of mobile Internet technology,the new business innovation model of "Internet+" has gradually integrated into all walks of life in society,re-integrated social and economic resources,and the target of network transactions has also developed from "things" to "labor services" Promote the traditional "company+employee" employment model into a "platform+individual".As a result,Internet platform enterprises have created a large number of new and flexible jobs,and a large number of Internet platform economic practitioners represented by takeaway food delivery workers,online car drivers,and online domestic workers have emerged.This new form of employment,which relies on the Internet platform,is more inclusive and flexible than the traditional form of labor employment,and is more inclusive and flexible in absorbing surplus labor in urban and rural areas,expanding and upgrading the consumer market,promoting cross-border exchanges and financing,and helping to improve people’s livelihood All have played an important role and have now developed into an important employment channel in our country.The rapid development of the Internet economy has profoundly affected the way of resource allocation and the distribution mechanism of benefits in our society.At the same time,the new economy brought about by "Internet+" and the form of labor employment in new formats have also undergone new changes.Compared with traditional standard workers,these platform economy practitioners show unique characteristics such as relatively free work,relatively loose management,and weakened superficial subordinate attributes.In this context,based on the current labor relationship identification standards,the identity of workers in the platform economy is difficult to determine,and the labor rights protection of practitioners is often not protected by the Labor Law and the Labor Contract Law,and they face risks such as unclear labor relations,insufficient relief and protection.The existing labor rights and interests protection system has not met the needs of the new form of employment in the platform economy.Therefore,it is necessary to conduct in-depth research on the new form of workers’ rights and interests protection,and re-examine the relevant legal system for the protection of workers’ rights and interests according to the actual situation of changes and development.This is also of great significance for enriching the criteria for determining the subordination of labor attributes in China and improving the labor law protection system,and it also provides support for the healthy development of the platform economy and the practice of protecting workers’ rights and interests.This paper mainly uses the legal text analysis method,the literature analysis method and the experience summary method for research and discussion.First of all,by analyzing the existing Labor Law,Labor Contract Law and other laws and regulations and related policies on the protection of workers’ rights and interests,the limitations and deficiencies of the current legal provisions are clarified.Secondly,the literature in related fields at home and abroad is analyzed and studied,and the current research status and research results are sorted out and summarized.On the basis of careful research and serious thinking,the research ideas and writing framework of this paper are formed,and the policy documents and reports issued by the government are used as the reference and basis for research.Finally,the relevant advanced experiences of civil law countries and common law countries are analyzed,judged and summarized,and institutional design and practical measures can be studied and referenced,so as to provide method guidance for the specific countermeasures proposed in this paper to solve the problem.This paper mainly studies and discusses the legal protection of labor rights and interests of platform economy practitioners from four parts:the first part summarizes the basic theory of legal protection of labor rights and interests of platform economy practitioners,takes the relevant concept of labor rights protection of platform economy practitioners as the starting point,introduces the labor characteristics of platform economy practitioners,and it also analyzes the legal relationship between the practitioners and the platform enterprises.The second part is to analyze the difficulties faced by the legal protection of labor rights and interests of the platform economy practitioners in China,mainly including the identification of labor relations,the scope of social security system and the mechanism of labor dispute resolution.The third part separately sorts out the practical measures and enlightenment to China on the protection of labor rights and interests of platform economy practitioners in several common law countries and civil law countries,that is,combined with the actual situation of China and drawing on advanced experience.The fourth part puts forward a preliminary concept of labor rights protection for platform economy employees in China,and puts forward reasonable suggestions for labor rights protection of platform economy employees from three aspects:clarifying labor legal relations.,expanding the scope of the social system and coordinating labor dispute resolution mechanisms.The design of the relevant legal protection system,on the one hand,should consider the effective protection of the labor rights and interests of workers,on the other hand,it is necessary to fully consider the incentive effect of Internet platform enterprises,and build a new type of labor relationship between Internet platform companies and practitioners,which can not only ensure that the development path of the platform economy is long-term and stable,but also make the fruits of the platform economy development can be shared between the two sides of the labor.This paper analyzes the problems and dilemmas faced by the protection of labor rights and interests of platform economy workers,and proposes measures to improve the protection of labor rights and interests of platform economy workers,so as to solve the problem of protecting labor rights and interests of workers in the employment relationship of platform enterprises and thus realize the long-term benign development of the new economy and new industry,and it also enhance the rule of law efficiency of labor relations in China.