Study On The Protection Of The Workers' Labor Rights In Gig Economy

Under the background of "Internet",the traditional industry uses the platform technology to integrate the various links of enterprise value creation with the network,and the emergence of the new employment mode makes the labor relations become more and more complicated which bring problems and challenges to the application of labor laws.The gig economy is a new economic model in the Internet era.It generally refers to the economic model in which people can choose their income sources flexibly through the third party platform according to their own interests and skills.The emergence and development of the gig economy is the result of the technological progress,the reduction of the cost of employment,the change of the employment concept,etc.,but in its essence,the gig economy work is still the result of the interaction of various factors.It is a manifestation of the atypical evolution of labor relations.It is the diversification and complication of labor employment caused by the intervention of "platform" on the basis of typical labor relations,and labor dispatch and outsourcing.There are similarities in atypical tools such as agency,and they also face the problem of imperfect labor protection under the current labor legal environment.In judicial practice,the dispute over the protection of the right to work in the economy of gigers focuses on the issue of the determination of labor relations.As workers in the labor law,they enjoy wages,labor safety,and social insurance.Whether the legal right to work,such as dismissal protection,is to treat gigers in the economy as independent contractors,allowing the market to adjust spontaneously,or as a group between workers and independent contractors.For the gigers in the labor law to establish a new classification of the main body and give exclusive labor protection?Uber/Taskrabbit and a wide variety of platform companies have positioned themselves as a digital agent on an equal footing with workers of the gig economy,it only acts as a link between independent contractors and consumers.From the point of view of the two typical employment modes of casual economy enterprises,such as crowdsourcing and APP supply and demand matching,the platform is registered with users.Wage setting,route guidance,evaluation mechanism and so on dominate the contract rules of both supply and demand parties and play a certain role of employers.Therefore,the employment mode of "platform individuals" is not the contractual relationship between the equal subjects adjusted by civil law.We should adhere to the protection principle of socialization of labor law and protect the necessary labor rights of gigers.The advantage of gig economy lies in its flexible adjustment to labor supply and demand,which can promote the effective development of the combination of labor supply and demand,and enhance the competitive ability of enterprises to meet the flexible and diverse workforce needs,but in the process of labor and management game,A large number of part-time workers are also faced with the lack of protection of their basic labour rights and interests.The risk of increased gig economy is uncertainty and the labor protection of gig economic workers is a common challenge for the international community.Legal exploration in other countries such as the United States'study of the distinction between employees and independent contractors and the development of flexibility in the determination of labor relations in the piece in the Uber litigation in addition,the developed contract labor theory in Japan's atypical employment protection practice and the setting up of the subject status of the quasi-laborer in the Italian labor law are of great significance for the protection of the labor rights of the gigers in our country.This paper attempts to solve the legal problems arising from the gig economy by putting forward a different idea from the identification of employees and independent contractors.Starting from the identification of labour relations,but not merely discussing the identification of employees and independent contractors,the analysis of the multilateral contractual relationships involved in the work of the platform,drawing lessons from the theory of contract labor,adopting a functional concept of the employer,allocate rights and responsibilities in a flexible,yet coherent manner.Concrete measures should be combined with the operating environment of labor law in our country,judicial practice should be given first,and the determination of atypical labor relations should be relaxed moderately.The legislative level should be divided according to the function of platform employer.The kind of platform,adopting the legislative regulation technology of "authorized legislation" and"exceptions",protects the labor rights and interests closely related to the workers of the economic workers.