| With the development of the Internet platform economy,the problem of protecting labor rights of online appointment workers has become increasingly prominent,which has led to reflection on the classification of workers.Either workers in labor law or labor providers in civil law,this is a traditional classification of employees.Having the status of a worker is an "admission ticket" that is protected by the labor law.There is a huge controversy as to whether an online appointment worker is a worker or a service provider.The employment on the Internet platform presents new characteristics such as flexible working hours and locations,and strong work autonomy.Therefore,it has the characteristics of both labor and civil relations,which has a huge impact on the traditional binary classification pattern of workers.Court rulings about the identification of online appointment workers are confusing,and so is the theory.Aiming at how to get out of the dilemma,scholars have proposed various model ideas,which are both reasonable and insufficient.To resolve the current dilemma,we must break the rigid binary classification pattern and try to create a third category of workers.Based on the era of labor flexibility and labor status stratification,policy considerations for balancing labor rights protection and advocating emerging economies,as well as rich foreign experience,creating an intermediary status of "quasi-worker" in China has full rationality and necessity.The emphasis and difficulty of the design of the quasi-worker system are twofold.One is the identification of quasi-workers,and the other is the personalized allocation of labor rights.The identity of quasi-worker should be comprehensively determined from factors such as job autonomy,economic dependence,information dependence,management,and continuity.The rights allocation of quasiworker should adhere to the two principles of "moderate tilt" and "focus on emphasis".At present,priority should be given to the three basic rights that are related to their survival: social insurance,occupational safety and health,and collective labor.In the future,when the conditions are mature,the scope of rights protection will be gradually expanded and enriched. |
