A Study On The Protection Of The Rights And Interests Of Net Contract Workers In The Sharing Economy

The rapid development of Internet technology has promoted the development of new forms of business,promoted the rapid development of sharing economy,promoted new forms of employment,and posed new challenges to the theory of traditional labor relations.In practice,the labor rights and interests have been frequently infringed.How To solve the realistic predicament that the net contract workers encounters in the social contradiction that intensifies continuously,which is an urgent problem to be studied and discussed in the field of labor law.The research on the protection of the rights and interests of the network contract workers has both theoretical and practical significance.On the one hand,our research is relatively weak and urgently need theoretical significance.On the other hand,the study meets the requirements of China's economic development situation and national development plan.It can further safeguard the fairness and justice of the law,effectively solve the conflicts between labor and capital,solve the plight of the lack of legal support to protect the labor rights and interests of net contract workers,solve all kinds of phenomenons that the labor rights and interests of net contract workers have been infringed.The purpose of this paper is to promote harmonious labor relations by normative regulating the network employment relationship,so as to balance the flexibility and safety of labor market while analyzing the current situation and constructing the system,to realize resonance between expanding the employment scale and promoting the employment quality and efficiency,to dissolve the contradiction between the flexible employment form and the limitation of the labor law system,to coordinate the relationship between the protection of net contract workers' rights and interests and the maintenance of the new type of development.The development of sharing economy has a huge impact on the external operating environment of labor market.The main body of employment develops to diversification,the form of employment develops to flexibility,and the relation of employment develops to diversification.At the same time,the development of the sharing economy has had a far-reaching impact on the internal rights and interests of the main body of the labor force,so that the net contract workers can not be fully protected in kinds of rights and interests.The emergence of the sharing economy has changed the traditional forms of employment,and it has also had a huge impact on the traditional labor relations.It has promoted the virtualization of employment contracts,the platform of organization forms,the liberalization of employment forms,and the diversification of employment relations.The above-mentioned changes make thecurrent labor law system,which is based on the background of large-scale industrial production,unable to adapt to the need of the new form of labor in sharing economy under the rapid development of Internet technology.On one hand,the identity of the net contract workers is difficult to confirm.There are multiple contradictions in the judgment of the legitimacy of the net contract workers.Under the new economic pattern,the network employment relations present the new characteristic,the traditional standard of labor relations has caused the internal restriction to the judgment of the identity of the net contract workers.There is no uniform standard to follow in the judicature.On the other hand,the nature of the network employment relationship is difficult to determine.The network employment relationship is diverse and complex,and the boundaries of such marginal concepts as "employment" and "cooperation" are blurred.The net contract workers lack the consciousness of protecting their rights.Above all,the concepts of the network employment relationship often moves between different concepts,and its nature is often disputed.When judging the nature of the network employment relationship,the core issue is locked in the scope of "employment relationship other than labor relationship" by differentiating and analyzing the related concepts such as labor relationship,employment relationship and labor service relationship.Seek a new way to confirm the identity of the net contract workers by introducing the concept of "non-standard labor relations",and explore the protection path of "the third category of workers" by referring to the concept of “worker” in British labor law.Make full use of and draw lessons from the existing concept system and the achievements of the legal system to explore the attribute of the new employment relationship.Faced with the rapid development of the sharing economy,the identification standard of traditional labor relations has been unable to adapt to the characteristics of the relationship between the network contract workers and the network contract platform.Whether it is protected by labor law or civil law has become the focus of academic debate.It is difficult to set up the protective mode of the network employment relationship.The adjustment idea of freedom and equality in civil law is difficult to balance the unequal status between the network contract platform and the network contract workers.The Labor Law of our country allocates the same rights and obligations to the laborers and the same social responsibilities to the employing units in a one-size-fits-all manner,to take the adjustment mode as "overall" protection or "overall" negates.Such adjustment model has been unable to adapt to the needs of sharing economic development.In probing into the legal adjustment mode of the network contract labor relations,we should pay attention to the labor relations factors and the intrinsic substantive characteristics between the network contract workers and the network contract platform.On the basis of making full use of the original theoretical framework,According to the actual situation of the network contract labor relations at present,it is reasonable to apply the mode of joint adjustment of civil lawand labor law.When the time is ripe,the Labor Law will assume the full obligation of adjustment.However,if the Labor Law wants to adjust the network employment relationship and protect the rights and interests of network contract labor in the sharing economy,it must change from the original single adjustment model to the classified adjustment model.And on the basis of making full use of the original theoretical framework,with the help of the theory and practice results of various employment relations related to the network employment relationship,construct a legal protective model in accordance with the characteristics of the network employment relationship.The protection of the rights and interests of net contract workers can be realized by constructing the social insurance system suitable for net contract workers,borrowing the framework of collective labor law system and regulating the labor rules.Social insurance rights and interests is an important right of net contract workers,but in practice,the net contract workers of which is frequently damaged,and the protection of their rights and interests is faced with many difficulties.On the whole,the quality of the social insurance of the net contract workers is not high,and the current social insurance system is difficult to adapt to its multiple employment relations,and lack of operability in the protection of the social insurance rights and interests of the net contract workers.Therefore,the current social insurance system needs to be rebuilt and improved,The key point of the study is to analyze the train of thought of the system design and the path of realizing the rights and interests of the basic pension insurance,basic medical insurance,unemployment Insurance and work-related Injury Insurance.We should consider not only the flexibility of net contract workers,but also the sustainable development of the sharing economy,and the carrying capacity of insurance obligation of the network contract platform,and we should use the experience of designing the system to construct the social insurance system of contract labor.It is a feasible and effective method to use the ideas and rules of the collective labor law system to think about and solve the problem of protecting the rights and interests of network contract workers.From the comparison of the concepts and functions between individual labor law and collective labor law,we can see that it is reasonable to protect the network employment relationship in the framework of collective labor law.From the view of protection,we should not only define the scope of the collective labor rights and interests,ensure the full realization of the collective agreement,but also ensure the full play of the role of the trade union,and at the same time ensure the self-improvement of the trade rules.If we want to protect the rights and interests of the network contract workers in the framework of the collective labor law system,we need to systematize the management of collective labor disputes,change its management direction and mode,set up a three-dimensional structuralmodel,improve the dispute settlement mechanism and construct multidimensional relationship of dispute management,so that the labor rights and interests of the network contract workers can be protected under a system of collective labor laws.Labor rules is an important system to adjust labor relations,which is the basis for distributing the rights and obligations between the two parties in labor relations,the important basis for restricting the two parties in labor relations,and the basis for arbitration and adjudication of labor disputes by arbitration and judiciary institutions.In the sharing economy,the labor rules have been alienated in many aspects,such as nature,representation,carrier,implementation,right of participation,etc.The law should strengthen the regulation of labor rules to prevent their arbitrary expansion or arbitrary,so as to protect the realization of the rights and interests of the network contract workers.The establishment of the disciplinary power of labor rules is an important content that directly affects the rights and obligations of the network contract platform and the network contract workers.But the labor law has no clear provisions on disciplinary power.Facing the complexity of employment relationship in the sharing economy,the law should strengthen the regulation of disciplinary power to prevent the abuse of disciplinary power of the network contract platform.At the same time,it is necessary to play the role of labor supervision to supervise the labor rules formulated by the network contract platform.Further clarify the basis of supervision,expand the main body of supervision,enrich the contents of supervision and meet the needs of supervision.Through the Labor supervision,supervise the formulation of labor rules,the legal requirements,the nature of terms in every way.So that it can adapt to "diversity","innovation","flexibility" of the new labor relations in the sharing economy.