Research On Legal Issues Concerning The Protection Of Labor Rights And Interests Of Online Contract Worker

Under the impact of the rapid development of the Internet economy and the platform economy,China has emerged a large number of flexible employees represented by online contract workers.These employees use the Internet platform as the medium,which is different from traditional workers.They participate in social production and service activities in a more flexible way,and gradually penetrate into all aspects of our life.The platform employment mode formed constitutes an important new employment form in the employment field of China,It is also an important way to solve the current employment problem in China.However,it should also be noted that the platform employment model weakens the partial subordinate characteristics of the traditional labor relations that identify the existence of labor relations between workers and employers,stripping the labor relationship between the online employment and the employment platform,and therefore the online employment also lacks the labor rights that should be enjoyed as workers.The labor rights and interests are rarely guaranteed.The platform and the online employment are symbiotic relations.In order to make the platform economy develop better,We should actively explore ways to protect the labor rights and interests of online contractors.At present,China’s current labor legal system is the traditional "dual framework",and this single adjustment mode can no longer meet the needs of the emerging labor rights and interests protection of online contractors.We should follow the idea of adjusting measures to local conditions and promoting sustainable development,learn from foreign advanced practices,break through the dual system in combination with China’s national conditions,establish intermediate types of subjects for classified protection,and protect the legitimate rights and interests of online contractors.This article is mainly divided into six parts in terms of structure: The first part is about the research value of legal issues related to the protection of the labor rights and interests of online workers.In the context of the rapid development of the platform economy,research on the labor rights and interests of online workers has been conducted to varying degrees both domestically and internationally.Studying the legal issues related to the protection of labor rights and interests of online workers has theoretical and practical significance;The second part is the controversy over the legal attributes of online contract workers.Currently,the employment model of online contract workers is gradually becoming more complex,and the employment relationship is showing new characteristics.There are academic and practical disputes over the identification of online contract workers in China;The third part is an analysis of the current situation of online employment issues.China has taken protective measures for online employment at both the institutional and practical levels,but online employment has not been fully protected like workers in labor laws,and labor rights have not been fully protected.Rights and interests such as rest and vacation,labor remuneration,vocational skill training,occupational safety,occupational dignity,and social insurance participation are facing protection difficulties;The fourth part is an analysis of the reasons for the issue of rights and interests protection.The traditional labor law theoretical system has been impacted by new forms of employment,showing a lagging development trend.There are difficulties in legislation and judicial protection of the labor rights and interests of online contract workers,and the lack of responsibility of relevant protection subjects has also led to the issue of rights and interests protection;The fifth part is the examination and inspiration of extraterritorial protection.The solutions to the issue of protecting the labor rights and interests of online workers in Anglo American law countries and continental law countries are different,and the latest draft released by the European Union reflects the recognition and protection of the identity of online workers.For China,while protecting the rights and interests of online workers,balance and efficiency need to be taken into account;The sixth part is a reflection on the issue of protecting the labor rights and interests of Chinese online contract workers.Drawing on foreign experience,it is clear to establish a protection path for intermediate types of entities to classify and protect online contract workers.