Study On The Protection Of Labour Rights And Interests Of Platform Employees

As the Internet Economy develops,new business models and forms are emerging.The platform economy is one of the important ones,which is developing dynamically at a very fast pace.The platforms,represented by takeaway food delivery,express delivery and online taxi,have provided employment opportunities for many people and eased the pressure on employment.However,it is difficult to fully apply the existing labour protection laws to this new type of employment,resulting in a blurred characterisation of legal relationships,difficulties in confirming labour relations and inability to protect the labour rights of workers.Economic development should not be at the expense of workers’ rights and interests.Therefore,it is necessary to explore the path of protecting the rights and interests of platform workers.This paper takes platform workers as the object of study.The case analysis method was used to sort out and summarize the current situation of judicial decisions on platform employment disputes in recent years.By sorting out the focus of disputes in the cases,it summarizes the problems of protecting the labour rights and interests of platform workers as reflected in judicial decisions: unclear criteria for determining the labour relations of platform workers,unclear definition of platform employment responsibilities and limitations of the occupational injury relief and protection system.The literature research method was used to study the relevant laws on the protection of labour rights and interests,to identify the conditions and circumstances under which the relevant systems apply,to compare the similarities and differences between platform work and traditional forms of employment,and to conclude that there are limitations in the application of current labour-related laws to the protection of labour rights and interests of platform workers.The comparative analysis was used to summarize the“one principle and two ideas” for the protection of labour rights and interests of platform employees abroad.The “one principle” refers to the “principle of social protection floor”,and the “two ideas” refer to the idea of adding a “third category of workers” and the idea of improving the “dichotomous standard”.Based on the above-mentioned research,this paper proposes recommendations to strengthen the protection of labour rights and interests of platform employees in terms of “solving short-term urgent problems” and “establishing a long-term legal framework”,including short-term objectives and long-term objectives.Short-term objectives refer to adhering to the concept of classification adjusting the application of the rules on shifting the burden of proof when classifying platform employees,building a model for the attribution of responsibility for the triangular employment of platform employees with the idea of partial transfer of risk and building a new type of occupational injury relief protection by combining the “industry model” and “partial transfer of risk”.The long-term goal is to formulate a separate law for the protection of the labour rights and interests of platform workers based on the definition of “incomplete labour relations” as defined in the Opinions.