Research On The Protection Of Labor Rights And Interests Of Employees In Odd-job Economy

The continuous innovation of Internet and technology provides fertile soil for the prosperity of gig economy.As a new employment form,the appearance of gig economy has brought many problems while promoting economic development.Around the world,litigation disputes surrounding gig economic practitioners such as online car drivers and take-away riders frequently appear,and the protection of the rights and interests of gig economic practitioners has become the focus of international attention.Supporting and standardizing the development of new employment forms is a frontier and complex major issue facing China’s labor market in the new era.The State Council issued the Guiding Opinions on Safeguarding the Labor Rights and Interests of Workers in New Employment Forms,guide and reasonably identify the legal relationship between relevant employees and platform enterprises under the new employment form,urge enterprises to employ workers in compliance with laws and regulations,actively fulfill their employment responsibilities,and at the same time fill in the shortcomings of employees’ protection in occupational injuries,social insurance,rest and vacation,and earnestly safeguard the labor rights and interests of employees in the new employment form.Chapter one introduces the relevant overview of the protection of labor rights and interests of gig economic practitioners.Including the concept of gig economy,the classification,characteristics,occupational safety rights,social insurance rights and other main labor rights and interests of gig economy practitioners,and the specific analysis of the labor relationship between practitioners and platforms,labour relation and incomplete labor relations,to provide support for the research of this article.Chapter two analyzes the legal problems and reasons for the protection of labor rights and interests of gig economic practitioners in China.Through on-the-spot investigation and case analysis,this paper sorts out some legal problems such as it is difficult for gig economic practitioners in China to be included in the current legal protection system of labor rights and interests,the unclear responsibility of the main body of labor rights and interests protection,the insufficient protection of substantive labor rights and interests,and the obstacles faced by practitioners in safeguarding their rights.It further analyzes the reasons such as the difficulty in identifying legal relationship,the low level of effectiveness of relevant provisions on legal responsibility,the lack of administrative law enforcement guarantee,and the limited role of trade unions in safeguarding rights.Chapter three summarize the relevant provisions and enlightenment of the protection of labor rights and interests of foreign gig economic practitioners.Based on the analysis of the identification standards of labor relations in ABC Test and Britain Control theory,the expansion of the scope of German employees and Japanese workers,this paper summarizes the multi-angle and multi-level identification standards of labor relations and the creation of the third type of labor subject system,which provides reference for solving legal problems in the protection of labor rights and interests of odd-job economic practitioners in China.Chapter four suggest that there are put forward to improve the protection of labor rights and interests of gig economic practitioners in China.Based on the analysis of the causes of the above legal problems,and combined with relevant overseas experience,it is suggested that technology should be added to the existing labor relations identification standards from the subordinate,and then the relevant provisions on incomplete labor relations should be refined in combination with China’s national conditions;Clarify the responsibility of the platform and the responsibility of government algorithm supervision;Promote the grid and network of labor inspection and increase the punishment of labor inspection;And promote practitioners to protect their rights through trade unions,and put forward relevant suggestions on establishing associations and giving full play to the role of collective consultation.