Research On The Legal Protection Of Workers' Right To Rest Under The Platform Econom

The right to rest is an important part of the protection of workers’ rights and interests.In recent years,with the rapid development of the economic market,the platform economy different from the traditional flexible employment mode has posed new challenges to the protection of workers’ right to rest.The platform economy has undergone great changes in both the employment mode of enterprises and the employment conditions of workers.The new employment model does not have the core elements of labor relationship identification,and the employment forms stipulated by law cannot cover the employment forms of the platform economy.Therefore,the protection of workers’ rights and interests under the platform economy has formed an obstacle,and the phenomenon of damaging workers’ right to rest has emerged one after another,and workers are faced with the dilemma of whether to protect their rights or not.Based on the above background,we will conduct research on workers’ right to rest.Workers’ right to rest has multiple values to achieve sustainable development of labor,improve social and economic benefits,embody social fairness and justice,and safeguard workers’ dignity and freedom.Therefore,in order to promote the high-quality development of the platform economy and form a benign interaction between workers and enterprises,we must pay attention to the solution of workers’ right to rest.Based on the characteristics of the platform economy,the protection of workers’ right to rest presents the characteristics of diversified categories of right subjects,fragmentation of rest time,difficulty in implementing the maximum working hour system,and "voluntary" compression of time by workers.This makes it difficult to realize the right of workers to rest under the platform economy,which is not conducive to the development of the industry and labor.Under the current situation of labor legislation,the development of the platform economy has encountered problems such as mismatch of legislative protection ideas,imperfect labor standards,"concealment" of workers’ control in the labor process,and increasing difficulty in supervision,which makes workers’ right to rest encounter certain challenges at the legislative,law enforcement and regulatory levels.Therefore,it is necessary to start from broadening the identification of labor relations,emphasize the measurement of various factors by labor facts,so as to achieve the "substance" identification standard of organizational subordination,and then deal with the difficult problem of labor relations identification of platform employees and promote the continuous improvement of laws and policies.Improve the labor standards of the platform economy,establish corresponding labor quota standards and comprehensive working hour systems,and innovatively adopt the working hour conversion system to break the ambiguity of "standby time" for platform employees.And for the system norms under labor management,especially the norms of algorithms,it is proposed to embed corresponding ethical mechanisms to improve the rationality of algorithms.And put forward corresponding regulatory measures,through algorithm filing to achieve the obviousness of rules and regulations,break the "concealment" of labor control,achieve a dynamic balance between working time and rest time,strengthen interdepartmental linkage supervision and enhance the concept of industry autonomy.