Protection Of Labor Rights In The Era Of Gig Economy Institutional Transformation

The gig economy has brought a more diversified labor pattern,not only providing more jobs,but also making people’s employment more flexible.However,on the other hand,the gig economy also has some problems.The rights of most workers are often violated and cannot be guaranteed.Therefore,this paper focuses on the protection of labor rights in the era of gig economy,and deeply explores the causes of the dilemma of the labor legal system,which has very important research value.The introduction part of this paper starts from the purpose and significance of the research,and uses the empirical research method,statistical analysis method,and summary and induction method as the main research methods,aiming to explore the research significance of protecting the rights of workers in the era of gig economy in the context of the digital economy.And take the domestic and foreign research on the platform-employment relationship as the main review direction,and explore a more detailed research path on this basis.The first chapter of this article is mainly divided into two points.One is to show the development trend of my country’s gig economy by introducing the concept and scale of the gig economy;the second is to elaborate on the challenges of labor rights protection arising from the gig economy: the development of the gig economy is so large However,there are countless situations in which the rights of workers cannot be guaranteed.The second chapter of this paper provides a theoretical basis for the protection of the rights of gig economy workers through the theory of protection of the rights of the weak.First,it introduces the historical origin between labor rights and technological revolution,and points out that the emergence of technological revolution will always make the rights and obligations between employers and laborers unbalanced.It is precisely in such inequality that laborers’ rights are fought for step by step.come.Second,through empirical analysis,it introduces the living conditions and rights of workers in the era of gig economy,and points out that gig economy workers are a "new type of weak".Third,through the theory of protection of the rights of the weak,it is proved that gig economy workers are "weak" in the legal sense,thus providing a theoretical basis for the protection of the rights of gig economy workers.The third chapter of this paper mainly discusses the dilemma of the labor legal system and its causes.The first section expounds the application dilemma of the labor legal system,that is,the labor subordination theory and the "labor dichotomy" cannot meet the practical needs of the current society.On this basis,the second section mainly expounds the causes of the predicament of the legal system.The digital economy has changed the production mode of the society,which has led to changes in the economic basis of the law;at the same time,the digital revolution has made the society enter a state of "acceleration",stable and standardized The expectation becomes more and more unrealistic;the change of space makes the legal environment more complex and the risk increases sharply;the algorithm replaces the “human control” setting of the traditional legal system with “intelligent control”.On the basis of the above changes,the third section further elaborates the reform of the legal system,mainly including the reform of legal value and legal relationship.On the basis of the above content,the fourth chapter of this paper puts forward the overall solution to the transformation of the legal system: firstly,the law should be further expanded and perfected,and realized through innovation of theory and system;secondly,the limitation of departmental law should be surpassed.It is demonstrated from four perspectives: digital human rights,social security rights,the relationship between labor law and competition law,and laws and social norms.The third is to explore the impact of technology on law,and then develop a development path that integrates law and technology.The fourth is to further explore multiple distribution mechanisms outside the law to achieve social equity.