Labor Relations Identification And Protection Of Rights And Interests Of Chinese Net Contract Workers

With the rapid development of sharing economy,the traditional employment mode has gradually changed,giving birth to the "platform + individual" employment mode,and the emergence of the new employment group of network contract.Compared with the traditional employment mode,this employment mode has more flexibility and freedom,so many workers choose to join it,and the number of network contract group is also growing.But because our current labor law and relevant regulations are defective,as well as the characteristic of platform employment mode complex,concealed and diversified,this new mode of employment not only puts forward challenge to the traditional labor relations identification standard,but also causes the labor rights and interests of net employment can not be effectively protected.In practice,labor dispute cases between online contract workers and platform enterprises are increasing,and the rights and interests of online contract workers are being infringed constantly.Therefore,how to solve the problem of identification of labor relations and protection of rights and interests of online contract workers in the intensified social conflicts is a difficult problem we are currently facing.This paper mainly studies the identification of labor relations and the protection of rights and interests of e-contract workers in accordance with the idea of "raising problems-analyzing problems-solving problems".First,three cases with similar but different verdicts are introduced.By analyzing the focus of the case disputes,the problems facing the identification of labor relations and protection of rights and interests of network contract workers are sorted out.And based on the existence of the problems,the basic theory of network contract labor is studied,focusing on the analysis of the current platform employment mode of network contract labor types,characteristics and the specific difficulties faced by the protection of labor rights and interests of network contract labor.Secondly,combined with the difficulties in the identification of labor relations and the protection of rights and interests of network contract workers and the analysis of the basic theories of network contract workers,in-depth exploration of the specific reasons for the difficulties in the identification of labor relations and the protection of rights and interests of network contract workers.Finally,specific suggestions are put forward according to the causes of the problems.In the aspect of labor legislation,the ternary framework model of labor relations identification is constructed based on the foreign experience and the standard of "subordinate attribute".In the aspect of social insurance,the link between social insurance and labor relations should be diluted,and the forms of participation and payment should be innovated.In the aspect of online contract workers’ rights protection,cultivate the awareness of online contract workers’ rights protection,give play to the role of trade unions;In the aspect of labor supervision,we should strengthen the digital construction of labor supervision and build a multi-subject cooperative supervision mechanism.To achieve effective protection of the rights and interests of this new type of employment group,and promote the stable and healthy development of society.