Research On The Protection Of Workers' Rights And Interests In New Employment Form

The innovation of Internet technology has driven the development of new forms of employment.There have emerged new forms of employment workers with low employment access threshold,relatively flexible labor process,real-time settlement of labor remuneration and relatively loose labor management.New employment forms play a positive role in driving economic development,promoting employment and improving labor matching efficiency,but also bring impact and challenge to the realization of the rights and interests of workers in new employment forms.In the aspect of employment form,the new employment form shows the characteristics of "diversity" of employment mode,"loose" of labor management,and lack of "stability" of employment,so that the traditional standard employment law can not be directly applied to the new employment form of workers.The rights and interests of workers in new employment forms are restricted by such factors as legal lag factors,difficulties in determining standards of labor relations,lack of unified standards in judicial practice,and avoidance of employment responsibilities by workers.Therefore,the rights and interests of workers in new employment forms are infringed and cannot be fully guaranteed.This paper sorts out the current situation of the protection of the rights and interests of workers in new employment forms,analyzes its causes,and puts forward corresponding suggestions for improvement,mainly focusing on the legal lag factors faced by the insufficient protection of the rights and interests of workers in new employment forms,the dilemma of the identification standards of constitutive requirements,the lack of unified standards in judicial practice,and the avoidance of employment responsibilities by labor subjects.The first part combs the characteristics of the new employment form and the characteristics of the workers in the new employment form.Firstly,it expounds the characteristics of the new employment form from three aspects: new employment resources,new employment forms and new employment relations.New employment forms create new jobs and provide new employment resources;In the aspect of employment form,it shows the characteristics of "diversity" of employment mode,"loose" of labor management and lack of "stability" of employment.With the rapid development of new employment forms,a new employment relationship between "labor relationship" and "labor relationship" has also emerged.And then from the labor access conditions,labor process,labor remuneration,labor supervision four aspects of the characteristics of the new employment form of workers.The second part of the new employment form development to promote the development of the new employment form of workers rights and interests of the prominent problems are sorted out.It is difficult to identify the existence of labor relations between the platform and workers.Under the platform algorithm,workers’ rights and interests are not guaranteed,and they are faced with the dilemma that the right to rest is not guaranteed,the right to labor remuneration is infringed,the right to labor safety is missing,and the right to social insurance is suspended.The third part analyzes the reasons for the insufficient protection of workers’ rights and interests in the new employment form.The reasons are mainly analyzed from the aspects of legal lag factors,the dilemma of labor relations identification standards,the lack of unified standards in judicial practice,and the avoidance of employment responsibilities by labor subjects.The fourth part,aiming at the problems found,puts forward corresponding improvement suggestions from the aspects of legislation,judicature,law enforcement and corporate social responsibility to more fully protect the rights and interests of workers in new employment forms.In terms of legislation,it is necessary to construct a labor standard system of new employment form from the aspects of wage security system,rest system and labor safety responsibility system,and innovate and reform the social insurance system.In the judicial and law enforcement aspects,it is necessary to establish a unified standard for the identification of labor relations in judicial practice.Trade unions and labor supervision at all levels should strengthen their organizational work and improve the working mechanism of protecting workers’ rights and interests.In terms of preventing enterprises from evading responsibility,we should strengthen the identification of hidden employment and enhance the social responsibility of platform enterprises.