The Protection Of Labors Rights Of Pflrxible Workers In Platform Economics

The report of the 19 th National Congress of the Communist Party of China further emphasized that it is necessary to cultivate new growth points and form new kinetic energy in the field of platform economy.Platform economy is a new organizational method of productivity,which is of great significance for optimizing resource allocation and providing jobs.This paper studies the problems,reasons and protection paths of the damage to the rights and interests of flexible employment personnel in the platform economy through case study methods,literature analysis methods and comparative research methods.The first part overview the concepts related to the flexible employment of the platform economy.The concept and classification of the platform are clarified,the concept,development process and employment mode of the platform economy are studied,and the concept,characteristics of flexible workers and differences between the them in platform economy and the flexible workers in traditional industry are clarified.The second part analyzes the reasons for the damage to the rights and interests of the flexible workers in platform economy.The damage to rights and interests is mainly reflected in the right to obtain labor remuneration,the right to rest,the right to labor safety,and the right to social insurance,the right to request alternative compensation for damages caused to a third party due to the provision of labor services,and the right to expeditiously and effectively resolve labor disputes.The analysis shows that de-labor relation,the characteristic of partial subordination and welfare identity are the root causes of the problems and the lack of collective autonomy,the platform algorithm control and the absence of supervision are important factors causing the problems.The third part puts forward the path of protecting the rights and interests of flexible workers in platform economy and analyzes the theoretical and practical basis.First,on the basis of drawing lessons from the classified protection modes of Germany and Japan,this paper puts forward the pre-placement of labor relations.Second,the occupational risk protection path to combine standardizing commercial insurance and exploring the establishment of platform occupational risk protection fund and flexible payment of social insurance.Third,the innovative path to ensure the exercise of collective labor rights and the linkage of government supervision by innovating the way of trade union organization,clarifying the way and content of negotiation and the tripartite coordination mechanism of“before,during and after” the problem solving.