The Rights Risk And Rights Protection Dilemma Of Platform-type New Form Of Employment Workers

Protecting the labor rights and interests of workers with new platform employment forms is a necessary measure to maintain a good employment order and promote the high-quality development of China’s economy.In real practice,sell rider,network car drivers,generation of drivers such as platform type of new employment form workers suffer greater risk of infringement,but when they want to carry out rights are facing many subjective and objective obstacles,so that or swallow,or choose to hurt themselves and others extreme action maintenance rights and interests.The reasons for this are worth our further analysis and research.Therefore,the infringement risks of workers in the new form of platform employment,and whether to carry out and how to carry out rights protection actions are the central issues of this paper.Although research both at home and abroad reveals the platform type new employment form between workers and the unequal relationship between enterprises,but for workers in the rights problems lack of attention,also less into the individual work scenario,the laborer and platform enterprise,outsourcing companies,users and the subject of the interaction mode is analyzed.Therefore,this paper constructs a three-dimensional analysis framework of structure-process-result,and analyzes and discusses the questions raised from three levels: unequal structure,workers ’resistance action and workers’ rights protection dilemma.The study found that:(1)the unequal structure of "strong control-weak contract" is formed between workers with new forms of platform employment and platform enterprises.Under this structure,platform enterprises use big data algorithms,management system,incentive mechanism and other means to conduct all-round control over workers.In this process,workers are faced with a variety of infringement risks in their labor rights and interests.(2)The new employment workers will take action to fight for more autonomy,but these will only become "resistance of the weak".Under the accumulation of experience,workers will look for loopholes in the rules of the platform enterprise when they work,and build networks with the subjects they need to contact,and they will use many means to resist control after work.However,with the update of big data algorithm technology and refinement of platform enterprises and the refinement of management system,it is more difficult for workers to display the above behaviors,and the effect is increasingly weakened.(3)The rights protection of workers in the platform new type employment form is facing prominent subjective and objective obstacles.Workers are affected by the subjective cognitive bias in whether to carry out rights protection,and whether the success of rights protection depends on whether the legal foundation is solid and whether the channels of rights protection are diversified and smooth.Overall,the current reality is not optimistic.The protection of civil rights is a classic issue of politics.It is of dual research significance to reveal the labor situation and rights protection dilemma of workers in the new employment form of platform type.In theory,this study provides a relatively novel analytical perspective,shows the labor picture under the platform new employment mode in detail,and provides a theoretical contribution to the research in this field in the academic circle.In practice,this study is helpful to provide decision-making reference for the legislature,administrative departments,party and mass league organizations,and promote the implementation of relevant measures to protect the labor rights and interests of workers in the new form of employment.