Research On The Protection Of Labor Rights And Interests Of Practitioners Under The New Employment Form

In the context of the era when the labor market is saturated,coupled with the impact of the new crown epidemic on the domestic and foreign economic environment in recent years,the new employment form economy has developed rapidly,and a large number of new employment forms represented by takeaway delivery workers,express delivery workers,online anchors,etc.have emerged.Relying on Internet platform enterprises,this group participates in social production practice and labor employment through more flexible service methods,and gradually forms an economic model of "platform + individual".The emerging economy has promoted the development of China’s economy,but it has also brought certain impact to the current traditional labor law system.The new employment group,which is typical of new employment form practitioners,shows the characteristics of flexibility and autonomy in the process of labor employment.This not only weakens the subordinate position between workers and employers in the traditional employment relationship,but also changes the form of labor rights and interests,so that the protection of labor rights and interests of practitioners in new employment forms is in a state of weak protection.In order to solve the problem of protecting the labor rights and interests of the new employment form of the group of workers,it is necessary to change the "labor dichotomy" system adopted under the traditional industrial economy,adopt categorical adjustments for workers,and adopt differentiated labor rights protection countermeasures.According to the employment characteristics of China’s new employment forms and combined with foreign experience,this paper discusses how to protect the labor rights and interests of practitioners in new employment forms.The full text consists of four major chapters:The first part is an overview of the relevant content of labor security for workers under the new employment form.Firstly,the basic definition of the subject of employment relationship under the new employment form is introduced,and then the employment mode under the new employment form is analyzed,and then the difference between the labor rights and interests under the new and old employment modes is discussed.The second part focuses on the current situation of the protection of labor rights and interests of practitioners under the new employment form,and starts from the current situation of legal protection and judicial practice protection,and analyzes the three main difficulties in the protection of labor rights and interests of practitioners in new employment forms: unclear legal status,making it difficult to define the labor rights and interests of practitioners in new employment forms,differences in the protection standards for practitioners in new employment forms,and gaps in existing laws and regulations on the protection of practitioners in new employment forms.The third part analyzes the path of extraterritorial protection of the labor rights and interests of practitioners in new employment forms,starting with the Uber case in the United Kingdom and the United States,and then integrating the intermediate type of labor thinking set by Italy and Germany,and summarizing the extraterritorial experience for reference for China.In view of the current difficulties in protecting the labor rights and interests of practitioners in new employment forms in China,and combining the experience of protecting the rights and interests of practitioners in new employment forms outside the region,the fourth section puts forward perfect countermeasures to enrich the identification standards of labor relations,set up the third type of worker system,improve the social security mechanism,build a government-led guarantee mechanism,and improve the work mode of trade unions.