| After the reform and opening up,with the rapid development of China’s economy,the continuous transformation of social and economic system,and the continuous upgrading and adjustment of industrial structure,flexible employment mode has emerged in this social background of economic development,which has the advantages of flexible working mode and low employment threshold,In line with the current needs of China’s economic development,this mode of employment has become the choice of all kinds of labor force and widened the channels of employment,but at the same time,it has also brought new challenges to China’s relevant laws and policies.The scale of flexible employment is constantly expanding,and the rights and interests of flexible employees have been infringed one after another,such as the infringement of the right to employment equality,It is difficult to realize the right of labor remuneration,the hidden danger of work safety is high,and the personal rights and interests can not be effectively protected,because the law has the characteristics of lagging behind.At present,China’s "labor law" has no clear legal provisions on the labor rights and interests of this mode of flexible employment,and there is no clear legal basis for the protection of the labor rights and interests,This phenomenon affects the construction of harmonious labor relations in our country,is not conducive to the stable development of society,is not conducive to establishing the prestige of the law in the hearts of citizens,this paper aims at this phenomenon,in order to solve the legal problems caused by this phenomenon,based on the "labor law" and other relevant laws and regulations,studies and analyzes the protection of the labor rights and interests of flexible employment personnel.At present,the academic analysis of flexible employment personnel in China is more detailed,but there is no very clear boundary in real life,and the number of flexible employment personnel is large and increasing,and the quality of personnel is uneven,In view of these factors,this paper first explains the definition and types of flexible employment personnel,and then makes it clear that the flexible employment personnel discussed in this paper is an employed group.In real life,the problem that it is difficult to protect the labor rights and interests of this group is prominent and representative,At the same time,criminal cases of serious infringement of legitimate labor rights and interests often occur.Therefore,from the perspective of law,this paper explains the labor rights and interests enjoyed by workers and flexible employment personnel in China,and analyzes and discusses the current situation and problems of the protection of labor rights and interests of flexible employment personnel in China. |