Research On The Protection Of The Rights And Interests Of Workers In Remote Work

The arrival of the covid-19 pandemic in 2020 has disrupted the production and management order of all enterprises.Nearly 18 million large,medium and small enterprises have resorted to telecommuting in order to ensure normal operation and production and management.On the one hand,the emergence of remote work adapts to the needs of social development in the era of epidemic.It can make full use of the advantages of internet information technology,so that enterprises can continue to work in some emergency situations,maintain normal operation and stable production.At the same time,this way can also help enterprises to save office expenses,improve production efficiency,stabilize employment,protect the life and health of employees under special circumstances,and build more harmonious and stable social relations.But we also need to note that,because there is no clear legislation for remote working in our country,remote working,as a new model of office,will inevitably bring many practical problems in the process of development and application.One of the key issues is the protection of labor rights and interests caused by the high degree of flexibility of remote work.Only when these problems are solved can the workers be relieved of worries and put into work at ease,and remote work can enjoy considerable and stable development in China.The remote work discussed in this thesis refers to the office mode that relies heavily on the internet information technology and routinely carries out work remotely in other places,far away from the main office of the employer,under the premise that the employer and the worker has a clear labor relationship.First of all,based on the concept of remote work,this paper clarifies the differences between remote work and traditional labor methods,summarizes the characteristics of remote work,and thus leads to the concept and main content of the protection of workers’ rights and interests,and analyzes the necessity of remote work workers’ rights and interests protection.Secondly,starting from the particularity of remote workers’ rights and interests,this paper analyzes the particularity of remote workers’ rights and interests protection.Then,the status quo and predicament of the rights and interests protection of remote workers are summarized and analyzed,and it is concluded that the protection of rights and interests of remote workers is mainly faced with: It also analyzes the causes of five difficulties,namely,the difficulty in realizing equal employment right,the obstacles in the application of working hour system,the unsound occupational injury identification system of workers,the greater risks faced by workers’ personal information and privacy protection,and the limitation of traditional right relief methods.At present,the main reasons why the protection of the rights and interests of remote workers is faced with difficulties are the imperfect relevant legal basis and the supporting system,the inadequate supervision of related departments and the high cost of protecting the rights of remote workers.Finally,based on relevant theoretical research results at home and abroad and relevant experience in practice,this paper provides referential ideas and countermeasures on how to protect the rights and interests of remote workers: First,the equal employment rights of remote workers should be protected.Establish a reasonable minimum age for employment and clarify the applicable conditions for remote working.Second,it is necessary to clarify the specific application of different working hour systems.This is mainly reflected in the application of various working hour calculation standards and the implementation of overtime declaration and approval mode.Third,establish a complete occupational injury identification system for workers.In the corresponding laws and regulations,the employer’s safety protection obligation should be improved,the identification standard of "Three work factors" Should be flexibly applied,the burden of proof should be reassigned to the laborer to prove that his injury is caused by work,and the list of occupational diseases should be expanded.Fourth,strengthen the protection of remote workers’ personal security and privacy,which should not only strengthen the protection of workers’ personal information,but also protect workers’ privacy and security,not to mention the prevention of workers’ occupational safety risks.Fifth,we will innovate ways to resolve labor disputes among remote-working workers.For example,diversified methods of non-confrontational dispute settlement can be established to give full play to the supervisory and safeguard role of trade unions.