Research On The Protection Of Labor Rights And Interests Of "Gig Economy" Practitioners

Gig economy practitioners refer to those who directly provide services for e-commerce platform operators and obtain labor remuneration.There is an atypical labor-employment relationship between them and platform enterprises.With the development of the "gig economy",the number of such workers is increasing.Due to our current labor laws and regulations for "odd jobs economy" mode whether constitute the labor relations between workers with unit of choose and employ persons did not make clear a regulation,in practice,because of the controversy of employees’ rights and interests protection happens quite often,how to improve the "odd jobs economy" practitioners of labor rights and interests protection system is the need to solve the problem.At present,there are mainly the following problems in the protection of labor rights and interests of gig economy practitioners in China: First,there are differences of understanding on whether there is labor relationship between platform enterprises and practitioners;Second,workers’ right to rest,equal employment,social insurance,vocational skills training and other rights and interests are vulnerable to infringement;Third,there are difficulties in the relief of practitioners’ rights and interests.The main reasons are that the identification standards of labor relations between practitioners and platform enterprises are unclear,there are institutional barriers for practitioners to participate in social insurance,the standardization of employment on the platform is insufficient,and the enthusiasm of practitioners to protect their rights is not high.To improve the labor rights and interests protection system of "gig economy" practitioners,it is necessary to fully consider the differences between the practitioners and traditional labor groups,combine the current situation of legal practice,and learn from overseas beneficial experience.To be specific,it can be improved from the following five aspects: First,labor relations in the gig economy can be classified into three types of labor relations,"quasi-labor relations" and other labor relations according to factors such as attribute and working mode;Secondly,according to different employment relations,the specific rights and interests of practitioners are respectively implemented;Third,improve the existing social insurance system,include "gig economy" workers in the scope of social security,promote platform enterprises to buy social insurance for workers;Fourth,standardize the employment methods of platform enterprises,and make it a legal obligation for platform enterprises to sign written employment agreements with practitioners.Urge platform enterprises to employ workers in accordance with the law;Finally,the judicial relief system for the rights and interests of gig economy workers should be improved,such groups should be included in the applicable objects of legal aid,unions of gig economy workers should be established as soon as possible,and the rights protection ability of gig economy workers should be improved.