Research On The Legal Protection Of Labor Rights And Interests Of Network Contract Workers In China

In recent years,known as the industrial revolution era of the Internet revolution of science and technology brings great changes in all walks of life,With the support of the "supply side structural reform","innovation driven development" and "Internet plus" at the national level,the Internet economy has been developing rapidly,which is called the new commercial economic mode of sharing the economy.Along with the platform comes a growing number of "online contractors".But the innovation of the platform economy with the business model actually reduces the protection of the "online contract worker" group under the existing labor law.In judicial practice,there is also a lack of uniform legislative norms and guidelines for such cases,which has become a field of judicial autonomy.Platform in China economic net about work and the development of specific national conditions,draw lessons from foreign employees "similar" rule of thirds,establish labor relations and labor reconstruction system of social security system,in view of the current network about workers and other personnel of flexible obtain employment is mainly to solve inductrial injury and social insurance rights and interests protection problem,the government,enterprises,trade unions shall follow the era,realize the further transformation of functions and perfect.In addition to the introduction and conclusion,this paper is divided into the following four parts.The first part of the beginning of the network about the connotation and extension.The differences between the network contract workers and traditional labor workers are compared,which are mainly reflected in the weakening of labor relations from attributes,flexible working time and place,the de-standardization of labor relations,and the different ways of combining production materials and workers.Then it mainly introduces the theory of subordination of labor relations,employment poverty theory and Marx’s theory of alienation of labor and other general theories of protection of rights and interests of contract workers.It lays a theoretical foundation for the protection of rights and interests of network contractors.The second part introduces the dilemma of protecting the rights and interests of contractors in China.Mainly displays in the long term stable employment as to guide the core of the concept of dual protection predicament and net work about that difficult labor relations,labor relations and the social security system bound,mesh about work for inductrial injury compensation,vocational training,the lack of safety and health rights and interests,and network about worker rights relief channels is not clear,etc.The difficulties in the judicial practice.From the concept of labor rule of law and the practice of labor justice,this paper comprehensively expounds the difficulties encountered in the protection of the rights and interests of online contractors.The third part is the extraterritorial exploration and reference of the protection of rights and interests of China’s network contractors.Through to the American and British Uber case theory in this paper,the "control theory" and the German and Japanese civil law "similar to the laborer" theory of reference,experience,the related theory and system in labor legislation "similar to the laborer" three yuan protection system for reference,and in the judicial practice platform for enterprises in strengthening the control of the network about work,thus determine platform in enterprise network about the role in the protection of the rights and interests of workers.We will gradually establish a system to protect the rights and interests of contractors in line with China’s national conditions.The fourth part is the path of protecting the labor rights and interests of contract workers in China.Combine the dilemma in theory and practice.Put forward the concept of "safety and flexibility" combined with the labor rule of law,build a "labor-like" three-part protection system,gradually realize the decoupling and reconstruction of labor relations and social security system,strengthen the transformation of labor union functions,strengthen the vocational skills training of online contract workers and improve the collective bargaining right.To build a progressive and feasible path for the protection of the rights and interests of contracted workers in China.