| The Internet and the continuous upgrading and improvement of various scientific and technological hardware and software measures have provided technical support for the emergence of remote work,and the comprehensive outbreak of the novel coronavirus virus in 2020 has provided a suitable opportunity for the wide application and development of remote work.Remote working has the advantages of saving enterprise operating costs,expanding enterprise talent pool reserve,reducing employees’ commuting,easing traffic congestion,and effectively responding to various emergency events.For this reason,the momentum of remote working has only increased after the COVID-19 pandemic,and it may become an irreplaceable new mode of work in the future.In addition,as it can break the limitation of time and space,it can effectively help solve the problem of employment difficulties for women who have been separated from society for a long time due to physical defects,even disabilities,and family responsibilities because of communication tools and the characteristics of the Internet to provide labor.However,with the wide and deep application of remote work,it has also exposed the problems that the labor law based on traditional labor cannot solve.Therefore,the legal protection of remote workers is very urgent.Remote work has not lasted long in China,but it has been widely popular in some overseas countries.For example,the United States,France,Brazil,Spain and other countries have established legal protection for remote work.And China should also establish the legal protection for remote workers in due time.Remote work is different from traditional labor because of its flexibility and electronic nature,which also leads to the labor rights and interests of remote workers are different from those of traditional workers to some extent.In the form of remote work,the convenience of electronic information and communication technology has made remote work accessible,which also leads to remote workers being on call at any time,the right to rest is seriously infringed,and the boundary between work and life is blurred,thus causing safety and health problems.In addition,remote working is far away from the workplace of the employer,and the working time is relatively flexible,which brings freedom to the remote working workers,but also increases the difficulty of supervision and management for the employer.Apart from the daily control of the work place and working time,remote workers’ dependence on and subordination to the employer are weakening,which brings difficulties to the identification of labor relations.At the same time,in order to continue to strengthen the control of remote workers,employers through various intelligent monitoring means to supervise remote workers,but further violate the remote workers’ personal information data and privacy,so that remote workers like transparent people exposed to the working environment,no privacy at all.As far as the protection of remote working workers is concerned,I think the first thing we should do is to enact laws and regulations related to remote work.The legislative protection of remote work should be established,and the "off-line right" should be granted to remote workers in the law to effectively protect the rest right of remote workers,and the boundary between work and life should be clearly demarcated.In view of the difficulties in identifying labor relations caused by the weakening of the subordination of remote work,it is suggested to enlarge the interpretation of the subordination theory,set it into an open system,and expand the indicators under the three characteristics.So that it can satisfy the recognition of various labor relations.As for the infringement of personal information data and privacy of remote workers under intelligent monitoring,it will be included in the labor law to give special protection,while limiting the employer’s right of supervision and management and a series of measures to jointly protect the rights and interests of remote workers. |
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