Research On The Protection Of Labor Rights And Interests Of Practitioners In New Formats Under The Background Of "Internet +"

In the context of "Internet+",the vigorous development of new formats enterprises has brought economic growth,and won the favor of the labor market because of its low access,high income and easy exit.On the one hand,the government should encourage its economic contribution;on the other hand,it should properly deal with the ensuing labor rights and interests of practitioners.This article explores the protection of the labor rights and interests of practitioners in the new format enterprises under the background of "Internet+".Through the survey of 14 "Internet+" enterprises in Shanghai,we collected some typical problems of representative Internet new formats,including net car,network delivery,network express,network anchor,net agent driving,network parking,net dating,Internet dating,and so on.The lack of barriers summarizes the most needed rights and interests of new business practitioners,and summarizes the transformation of employment mode and employment relationship.Through the discovery of common problems in the factual and institutional aspects of the protection of the rights and interests of practitioners,this paper analyzes that the lack of protection of the labor rights and interests of practitioners in the new business form under the current situation mainly stems from the following reasons: the enterprise does not bear the responsibility according to the principle of fairness and justice,the layered protection system is difficult to implement due to legal restrictions,and the third-party organization does not play a role,etc.By analyzing the relationship between the employment legal relationship between the practitioners and the enterprises,the elements of the labor relations identification,and the freedom of the rights and interests paid by the practitioners,we try to find out the specific reasons for the loss and damage of the "Internet+" new practitioners.By comparing the elements of labor relationship between China and foreign countries,we can find the core elements of labor relationship recognition,and clarify the legal status of practitioners.Through the dialectical relationship between freedom and protection,and the theory of hierarchical management of practitioners,a proposal is proposed for the implementation of hierarchical management of "Internet+" new practitioners.Finally,based on the layered classification protection mode and the principle of the bottom guarantee,this paper puts forward countermeasures and suggestions from the aspects of legislation,justice and administration.Suggestions: take the realization of decent work as the guide,the implementation of standardized vocational training as the auxiliary means,the provision of information technology support as the communication channel,and the maintenance of market order as the bottom line to ensure that the new business form is in a good employment environment all the time;improve the construction of the labor legal system,include the new business form into the scope of legal system protection,and clarify the multi factor identification standards of employment relations;and The employment mechanism of the new business type needs to continue to deepen the implementation of the system guarantee,including the combination of stratification and bottom protection,strengthening the policy guidance,properly reducing the rigidity of the system requirements,giving full play to the supervision strength and simplifying the dispute settlement mechanism,so as to achieve the improvement of the labor rights and interests protection of the new business type practitioners.