Research On The Protection Of Labor Rights And Interests Of Atypical Workers

The diversified economic development and the wide application of Internet technology have given rise to various employment methods,and the flexible employment methods have generated a large number of different types of atypical labor relations.At present,there are some difficulties in protecting the rights and interests of atypical workers in theory,legislation and justice,and it is not realistic to regulate atypical workers completely with the norms of general typical workers,but we cannot ignore the legitimate rights and interests of atypical workers on the ground that there are no corresponding norms in law.By combining the current situation of protecting the rights and interests of atypical workers,we have selected the advanced experiences of five countries,namely Germany,Spain,Canada,the United Kingdom and the United States,in the identification and definition of atypical workers,the specific regulation methods and the protection of specific labor rights and interests,and combined the common parts that can be learned from them with the specific reality in China,and then come to the conclusion.Only by defining the criteria for defining atypical labor relations can we effectively identify them and distinguish them from labor relations or labor service relations,so as to effectively protect the legitimate rights and interests of this group.The protection of specific labor rights and interests of atypical workers is mainly through improving relevant legislation and judicial interpretation,focusing on basic and important labor rights,such as setting minimum wage standards,improving rest rights and social insurance system.As for the natural vulnerability of atypical workers,we should change the ideology of atypical workers and improve their skills;encourage them to join labor unions and play the role of labor unions;build a multi-dimensional dispute resolution mechanism,broaden the scope of labor dispute arbitration institutions,and apply the Maple Bridge experience and the Ma Xiwu trial style in mediation activities to improve judicial effectiveness,so as to protect the legitimate rights and interests of atypical workers in all aspects and realize social justice.The court will also be able to protect the rights and interests of atypical workers and achieve social justice.