Research On The Protection Of The Rights And Interests Of The Gig Workers

The Internet platform is the Darling of the economy in the new era.The rapid development of the platform economy not only promotes the upgrading of traditional industries,optimizes the allocation of market resources,but also promotes employment and expands the consumer market.However,behind the prosperous platform economy,it is not uncommon for Internet gig workers to be unable to obtain relief after their rights and interests are infringed because of their disadvantaged position.The research on the rights and interests of Internet gig workers not only helps to solve the problem of different judgments in the same case in judicial practice,but also provides theoretical support for the innovation of the platform employment legal system under the Internet economy.The research content of this paper mainly includes:The first part is introduction.This part describes the purpose and significance of the research in this article,the current research status at home and abroad,the main research content and innovation points,research ideas and research methods.The second part is an overview of the protection of the rights and interests of Internet gig workers.This section introduces the background of the formation of Internet gigs,the concept and characteristics of Internet gig workers,the main rights and interests,and the nature of the legal relationship between Internet gig workers and platforms.Internet zero tools have the characteristics of the technical nature of the labor matching process,the immediacy of labor tasks,the freedom of employment selection,and the coordination of the labor process.The academic circles have no unified understanding of the nature of the legal relationship between platforms and gig workers.The theoretical circles mainly include contractual relations,labor relations,and labor-like relations.The third part is the introduction and evaluation of my country’s Internet gig workers dispute cases.This part uses the basic form of case study to clarify the focus of disputes between gig workers and the platform in practice: whether gig workers and platforms belong to the labor relationship,the issue of liability for the harm caused by gig workers to others,and the issue of liability for damage to their own rights and interests..The fourth part is about the outstanding problems faced by the protection of the rights and interests of my country’s Internet gig workers.At present,the protection of the rights and interests of gig workers on the Internet mainly faces the following problems: First,the legal identity of gig workers on the Internet is chaotic and unclear.In judicial practice,the courts use Labor Relations and Precarious Workers to characterize them,and there are also courts who evade the identity of gig workers and directly make judgments;It is difficult to apply social insurance,compulsory social insurance regulations do not apply to freelancers such as Internet gig workers,and commercial insurance is currently slow to develop;third,the platform’s strong position is prominent,and the platform adopts format contracts,arbitrary modification rights,and strict labor supervision.Gig workers are controlled;fourth,there is a lack of protection from collective organizations.At this stage,labor unions and non-governmental organizations have not taken care of the gig workers.The fifth part is the protection system for the rights and interests of foreign Internet gig workers.Comparative studies have found that on the one hand,the United States has adopted the AB5 Act,the California Gig Economy Act and other written provisions to protect the rights and interests of gig workers,and at the same time,it has established strict legal responsibilities to force platforms to protect the rights and interests of gig workers;on the other hand,it has established a Freelancers Union to protect gig workers.In Germany,legislators adopted the legal subject status of Laborer Like in labor legislation as the logical basis for dealing with the protection of gig workers’ rights and interests,and implemented different protection strategies for different types of employment.The sixth part is the suggestions for perfecting my country’s Internet Gig Workers’ Rights and Interests Protection System.Based on the analysis of the full text,the author believes that in order to strengthen the protection of the rights and interests of Internet gig workers,a laborer-like system should be added to make up for the legal vacancies of the intermediate entities;actively promote the improvement of the insurance system,develop commercial insurance and professional liability insurance;improve the regulatory system,Attach importance to the role of the government to help the orderly development of the Internet platform economy;promote the establishment of new business forms of gig labor group industry associations,and escort gig labor through collective organizations.The seventh part is the conclusion,which summarizes the main points and main content of the article.