Economic Research On Protection Of Labor Rights And Interests Of Workers In New Employment Form

Employment is one of the basic economic activities of society,it is also an important perspective in study of Economic Society.The form of employment is closely coupled with the method of production organization,the reaction bwteen them ultimately constitutes an inseparable dynamic relationship.Since the 18 th National Congress of the CPC,the people-centered development thought emphasized in Xi Jinping Thought on Socialism with Chinese Characteristics for a New Era has guided the direction of deepening economic reform and high-quality development in new era.Recently,digitization which has profoundly impacted on global economy is driving far-reaching changes in organization for both production and production relations.New production organization have evolved a new social order with ripple effects in field of labor and employment: The application of data and digital technology makes workers no longer constrained by time and space and they can complete tasks anytime and anywhere through digital equipment and ICT(information communication technology).Since emergence of comtinuous integration between digital technology and traditional industries,a more flexible and novel employment form has expanded rapidly in a short period of time and has become a living force for employment.In the face of development of new forms of employment,supporters believe that this is an opportunity to establish a more equal labor relations and break rigid labor system.Critics accuse thses new employment forms will undermine "social safety net" and irresponsibly expose workers under risk.What can not be ignored is that the labor law system is not applicable anymore during transforming of new employment pattern,the lack of regulatory basis for such employment situation will makes laborer rigths suffer increasingly severe risks.In this context,the study of protection of labor rights and interests in new employment form has important theoretical and practical significance.It is helpful to clarify how external environment changes caused by digital technology inherently impact employment patterns and social distribution.Although existing research had focused on system arrangement and reform of labor rights and interests in new employment pattern,most of the viewpoints just adopted the expansive coverage of labor relations,which contained new phenomenon in traditional labor law framework and restricted freedom of contract for litigants,it is also emphasized the state’s coercive force to provides preferential protection for workers in new employment form.However,such reform path neglects laborer’s subjectivity.In fact,workers under new employment form generally choose to overwork without limitation on working hours,which connives in damage of their own rights and interests.In flexible,diversified and digital employment model under new employment environemnt,compared to block damage of labor rights and interests,it is obviously more important to pay attention to why workers in new employment form are slack in protecting their rights.Although it seems that there is more freedom of choice for workers in contractual relationship and employment form,it does not mean that workers actually get the initiative to make decisions.Just like one must accept the rules of game when participating in it,workers must obey the institutional rules digitally constructed under the model of new employment form.Factors such as big data,dynamic management and information asymmetry have a decisive effect on labor situation of workers in adjustment of platform’s technical rules,instead the contract become a "firewall" for companies to evade labor responsibilities.It can be seen that platform’s reservation of control rights behind workers’ freedom is the key point in research.As the result,regulation of platform control rights is an important dimension to discuss the protection of labor rights and interests in new employment form while this issue has not received enough attention in existing related research.On this basis,this paper raises three questions and gives answers to them: First,as an endogenous institutional rule,how did the employment model of new employment form spontaneously constructed and how does it operate? By answering this question,it can be found the fundamental reasons for changes in labor rights and interests in new form of employment;second,how to weigh pros and cons behind the choice in new employment form? By answering this question,we analyze the underlying logic of damage in labor rights and interests under new employment form.Third,is there a necessary correlation between new employment patterns and "low-quality jobs" ? By answering this question,the method is sought to protect labor rights and interests in new form of employment.The goal of the paper is to build labor rights protection mechanism with institutional vitality in a new employment form.This paper attempts to micro-interpret the complex relationship between employment method,labor control and contract autonomy in new employment form,and deeply explore how the new form labor rights protection system respond to the requirements of development in digital age.The first part defines the relevant concepts and research scope,Marx’s dialectical materialism and labor-related theories are adopted as research guidance and an economic analysis framework is constructed via applying new institutional economics theory and evolutionary game theory.The second part clarifies the evolutionary motivation and development trend of new employment form,points out that the new employment model is departure and foothold of market competitiveness for platform enterprises and promotion for employment,it should be supported rather than restricted in recent digital economy.This trend does give platform ability to violate labor rights in new employment form even though it not the direct cause of such rights damage.Then it analyzes how the damage of labor rights and interests of workers happened in new employment form and the institutional factors behind the damage,it also points out that opportunistic behavior triggered by platform’s dominant position is the essential reason for such damage.The third part verifies the views in this paper with specific cases and analyzes some factors such as imbalance of private order,failure of traditional labor law and insufficiency of judicial relief,it also interprets via dynamic game evolution tool the necessity of transition for labor rights protection system in new employment form promoted by government intervention.The fourth part systematically expounds the construction of overall concept and specific measures for new employment form which adapts to the country’s situation and development of digital age.It is necessary to identify the labor relationship firstly no matter in what kind of reform which adapts traditional labor law to protect labor rights and interests in new form of employment.Such traditional schemes have their own limitations on practical protection of labor rights and interests in new employment form,and inhibit the full function of market in the digital age.The essential reason for damage of labor rights is the market dominance which abused by platform companies after “winner takes all”,while the usage of labor laws to regulate market failures is the same as trying to square the circle.At this stage,protection of labor rights in new employment form should involve government intervention in rebuilding private contract order,supervising platforms to fulfill social responsibilities and eliminating negative impacts,it also leaves institutional space for more comprehensive and intelligent digital governance in the future.This paper is divided into four parts,a total of 6 chapters.The first part includes Chapter 1 and Chapter 2.Chapter 1 "Introduction" explains background and research significance of this research,seek research space via reviewing a large number of related literatures.This part also introduces the research method,research content,structural framework and summary of innovations and deficiencies.Chapter 2 is " Basic Theoretical of Research on Protection of Labor Rights and Interests in New Employment Forms".It constructs an economic analysis framework of employment protection for labor rights and interests by setting logical starting point as definition of related concept connotation and research scope.The paper is guided via ideas and theories of Marxists in such content and learns from relevant theories of new institutional economics.The second part is static analysis,including chapter 3 and chapter 4.For past analysis in law perspective,the core issues were the composition of elements for subordination criteria and the weight of various elements in judgment.However,disability of quantify for factor weights becomes bottleneck in recent studies.In this paper,platform enterprises are abstracted as concentrated places for allocation of various resource,the model of new employment forms is described as endogenous institutional rules spontaneously formed by market,institutions environment presents the government’s coercive intervention in administration,legislation and justice.In platform enterprise,the production and its organization are subject to various institutional rules and constraints of the institutional environment in which enterprise located.Chapter 3,"The Employment Model of New Employment Form and Its Impact on Workers",analyzes the endogenous institutional rules of new employment form.It takes as starting point analysis of types of employment models in new employment form,methodically examines the institutional convergence in different types platforms via system theory and transaction cost theory,and analyzes rules and regulations constructed by digital technology.In this chapter,it also discusses the organizational mechanism and function of new employment form,and also interprets the impact of this change on laborers in employment model.Then,on the perspective of information coordination efficiency,evolution motivation and development trend of the new employment pattern can be further comprehended through the efficiency analysis of the information system in enterprise.Chapter 4 discusses "The Status Quo and Causes for Damage of Labor Rights and Interests of New Employment Forms".First of all,it analyzes social background of workers when they have to make choice in new employment form.The new employment form is not only an economic system complemented by various internal systems,but also a part of country’s labor employment system in macro perspective.At present,there are problems such as increasingly serious structural imbalance in country labor market and narrow coverage of labor rights protection system,all the problems lead to the lack of alternative options for workers in new employment form.Secondly,it analyzes the performance for damage of labor rights and interests in the new employment from three dimensions: uncertainty risks of laborers,increased labor disputes and conflicts and algorithmic discrimination.Finally,it analyzes opportunistic behaviors caused by incomplete contracts,behaves as dominant platform enterprises transfer the operating costs of enterprises to laborers in an irregular way,is an important reason for the damage to labor rights and interests in new employment form.It also discusses the opportunistic behavior caused by the incomplete contract in signing and executing stage in new employment form,and analyzes what circumstances will make platform enterprise to choose opportunistic behavior to cause laborers loss.The third part is the dynamic analysis reflected in Chapter 5 "Government Intervention in Protection of Labor Rights and Interests in New Employment Forms".This chapter analyzes development process of country online car-hailing platform and demonstrates the current dilemma of labor rights protection in new employment forms,it also points out the necessity of government intervention in such protection.Finally,the evolution path and stability strategy of three parties are analyzed via applying "platform enterprise-labor-government" tripartite evolutionary game model,in order to regulate the healthy development of new employment form and find a long-term evolution path of improvement of protection for labor rights and interests,it also provides the principles that government intervention should follow under new employment environment.The fourth part is policy suggestions,embodied in Chapter 6 "Policy Suggestions on Protection of Labor Rights and Interests in New Employment Forms".Under the guidance of the new development concept of Xi Jinping Thought on Socialism with Chinese Characteristics for a New Era,this chapter takes as value connotation that people’s needs for better life in new era,and proposes an overall concept of labor rights protection in new employment form which responds to the needs for development of digital economy.Considering characteristics of close relationship between new employment forms and digital technology,it builds a "social safety net" for workers and proposes a penetrating supervision mechanism for labor rights and interests in new employment forms.In this paper,it also provides valuable reference suggestions for the protection of labor rights and interests in new employment forms,and advices for the balance between healthy development in digital economy exploration period and the protection of labor rights and interests in new employment forms.