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Research On The Protection Of Labor Rights And Interests Of Online Contract Workers Under The Sharing Platform

Posted on:2023-01-22Degree:MasterType:Thesis
Country:ChinaCandidate:J F LiuFull Text:PDF
GTID:2556307037968659Subject:legal
Abstract/Summary:PDF Full Text Request
The rapid development of Internet information technology has contributed to the prosperity of the sharing economy,creating numerous job opportunities and promoting the expansion of sharing platforms and groups of online workers.Compared with the traditional way of employing workers,the identity and organizational subordination of online workers under the sharing platform have been weakened,and the sharing platform has used the fact that it only plays the role of an intermediary to deny the existence of labour relations with online workers in order to reduce its own responsibility.The long-term lack of protection for the labour rights and interests of online workers is not conducive to social equity and stability.The economy needs to develop and the labor rights and interests of labor groups need to be protected.Therefore,it is necessary to explore a new way to protect the labor rights and interests of online workers based on the principle of balancing the interests of sharing platforms and protecting the labor rights and interests of online workers.In practice,the difficulties in protecting the labour rights and interests of online workers are mainly manifested in the sharing platform’s enhancement of the labour intensity and risks of online workers through algorithmic control and denial of the existence of labour relations between the two parties through covert control,in addition to the difficulties faced by online workers such as the lack of social insurance under the ambiguous relationship and the lack of trade union rights protection under the ambiguous identity.The difficulties in protecting the labour rights and interests of online workers can be attributed to the lack of institutional regulation of employment by sharing platforms,which choose to sign various cooperation agreements with online workers to avoid risks;the lagging standard of traditional labour relations recognition,which makes it difficult to adapt to the new labour relations under the new industry;and the lack of organization and rights protection ability of online workers themselves,which often ignore the protection of their labour rights and interests.To solve the above problems,an algorithmic liability system should be established to clarify the connotation of algorithmic liability of the sharing platform and the principles of attribution,balance the rights and obligations of both parties,and prevent the sharing platform from using algorithmic technology to excessively aggravate the labour intensity and risks of online workers;enrich the criteria for determining the subordination of labour relations,and determine whether there is a defacto labour relationship between the two parties through the degree of control of the sharing platform over the details of the work of online workers;improve the social insurance system and weaken the social insurance system.The social insurance system should be improved,and the correlation between social insurance and labour relations should be weakened to protect the social insurance rights and interests of online workers;the channel of "Internet" + trade unions should be established to safeguard rights,and the organizational form,working method and participation method of trade unions should be innovated to include the group of online workers into the scope of trade union protection;the main responsibility of the sharing platform should be strengthened,and the employment form should be regulated and the management mechanism should be innovated to protect the rights and interests of online workers.The main responsibility of the sharing platform should be strengthened,and the labour rights and interests of online workers should be safeguarded through the regulation of the form of employment and innovative management mechanisms;a protection system should be set up for intermediate types of workers,and online workers with a certain degree of independence,economic subordination and continuity in their work should be classified as such,and given protection under labour law that is weaker than that of traditional workers;the capacity of online workers themselves should be strengthened,and their awareness of their rights and laws should be enhanced,so that they can actively defend their labour rights and interests.
Keywords/Search Tags:sharing economy, sharing platform, online job booking, labor rights
PDF Full Text Request
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