| The term "new employment form" has met with the world in an official capacity following the publication of the communiqué of the Fifth Plenary Session of the 18 th Central Committee of the Communist Party of China.The vigorous development of new employment forms,taking advantage of the economic background of the rapid development of the sharing economy,conforms to the development requirements of large network platforms and light assets of enterprises,and meets the demand for reemployment caused by supply-side structural reforms and industrial transformation and upgrading.However,it is precisely behind this thriving scene that there are a large number of labor relations that are difficult to identify,which makes the new employment forms of practitioners in a state of "naked" labor rights.This kind of labor relationship is difficult to identify as a result of the flexible and diverse contract forms of new employment forms and the limitations of current laws and regulations.One stone has caused a series of problems,such as inconsistency between arbitration and judicial judgment,lack of administrative relief and social relief,hindering the effective realization of the rights and interests of practitioners,and laying instability factors for the harmonious and orderly development of the economy and society.Therefore,this article analyzes and compares the advantages and disadvantages of various relief channels under the new employment form,explores the inherent value of union relief and the potential under the new business form,draws on the practical experience of foreign trade unions,and tries to realize the role of trade union under the new employment form.Reshaping the rule of law.In addition to the introduction and conclusion,the main body of the thesis is divided into four parts:The first chapter analysis of the status quo of new employment forms and the role of trade unions: systematically expounds the relationship between the new employment forms and the sharing economy,and then through the sharing economy report issued by authoritative institutions to reflect on the number of employees,personnel composition and market share of the new employment forms.At the same time,this article analyzes the status quo of the role of the trade union under the new employment form,and finds that it is somewhat inadequate to perform its duties under the new employment form.The reason is that there is no effective support from the system level to the comprehensive coverage at the organizational level,which restricts the good operation of the trade union role under the new employment form.Chapter 2 Challenges caused by the occupational characteristics of the new employment form to the role of the trade union: problem-oriented,through the analysis of the occupational characteristics of the new employment form,including the difficulty of identifying labor relations,flexible labor forms,and the trend of asset-lighting platform enterprises.The new challenge initiated by the role of traditional trade unions has revealed the reasons why traditional trade unions themselves are unable to perform their duties under the new employment situation.Chapter 3 New Employment Forms Group Rights Protection and the Role of Trade Unions: A systematic analysis of the problems and deficiencies in the process of arbitration relief,administrative relief,and self-relief in the process of group rights protection of new employment forms in my country’s current labor disputes,as well as the comparative advantages of union relief,and foreign The successful experience of the role of the union.It seeks to take the inherent value of the role of the domestic trade union as the center and combine the experience of the role of the foreign trade union to propose scientific countermeasures for the legal reshaping of the role of the trade union under the new employment situation.In the process of reshaping the role of trade unions in the rule of law,the status quo will give play to its inherent advantages,absorb and learn from the successful experience of foreign countries,and put forward innovative measures in a scientific and reasonable manner.Chapter 4 Multi-dimensional legal reshaping of the role of trade unions in the new employment situation: a comprehensive analysis of the status quo of trade union roles under the new employment forms,the mismatch between traditional trade union roles and the occupational characteristics of the new employment forms,and the comparative advantages of trade union relief in the protection of group rights of new employment forms.With foreign experience,he put forward measures to consolidate the basic work of the union under the rule of law,reshape the role of the union under the rule of law,and innovate the online work system of the union,so as to realize the reshaping of the role of the union under the new employment form. |
