Research On The Protection Of Labor Rights And Interests Of Platform Practitioners

The data shows that in 2018,the number of participants in China's sharing economy is about 760 million,including 75 million service providers,and the service providers in some areas show a trend of specialization,such as online car Hailing drivers,delivery riders,couriers,etc.In the next few years,the sharing economy will continue to grow at a high speed.In 2020,the number of workers providing services is expected to exceed 100 million,including 20 million full-time workers.The legal relationship between platform enterprises and practitioners is obviously different from the traditional labor relationship or employment relationship.This new employment relationship has brought impact to the existing labor legal system and social security legal system.How to protect the labor rights and interests of platform practitioners has become a common problem faced by all countries in the world.At present,China adopts a "one size fits all" protection mode for workers,that is,"labor relations" are protected by the labor law,and "non labor relations" are not protected by the labor law.This either or way of protection makes a large number of flexible employment relations excluded from the adjustment scope of labor law,and our country is lack of legal regulation of non-standard labor relations,which makes it necessary to give proper preferential protection to the workers unable to get due protection(the "workers" in this paper is not equal to the workers in the sense of labor law).The first chapter of this paper analyzes the influence of platform economy on employment,the employment mode of platform economy,and the employment characteristics of platform economy,so as to reveal the problems existing in the protection of labor rights and interests of platform practitioners under this new employment mode,including the difficulty in identifying employment relations,the lack of basic labor protection,and the absence of social insurance.Since the idea of labor protection in China is to define the legal identity of workers first,and then incorporate it into a legal system for protection,the recognition of the legal relationship between platform enterprises and practitioners has become the core issue of the protection of the labor rights and interests of platform practitioners.In the second chapter,the author selects 127 effective judgments concluded in 2019,involving the confirmation of the legal relationship between the delivery platform and practitioners,and makes in-depth comparative analysis to understand the current judicial judgment tendency and existing problems about the employment relationship of the platform,including the different standards of evidence and facts,different judgments in the same case,the judgment results will be affected by the causes of the case,and the appeal rate At the same time,it also analyzes the difficulties in judicial judgment of this new employment relationship by using the theory of subordination.In the third chapter,the author mainly analyzes the problems existing in the legal system related to the protection of the labor rights and interests of the platform practitioners,including the lack of legal norms to adjust the non-standard labor relations,the rigid recognition rules of labor relations,the binding of labor standards and social security interests with labor relations,and the imperfection of the social security system for the flexible employees,and discusses the issues of the flexible employment in individual countries outside the region The relevant legal system of labor rights and interests protection of human group and the experience that can be used for reference.The fourth chapter puts forward the corresponding countermeasures and suggestions based on the analysis of the problems in the second and third chapters.First of all,in the judicial field,we should improve the judgment methods of labor relations,adhere to the substantive examination of labor relations,draw lessons from the benefits of regulatory standards,and give full play to the guiding role of typical cases;secondly,in the labor legal protection system,we should improve the judgment rules of labor relations,formulate the management methods of different industries and fields,and distinguish the applicable scope of labor standard law and labor law;Thirdly,in terms of the legal protection system of social security,we need to improve the social insurance system,disconnect the labor relationship from social insurance,and explore the flexible measures of endowment insurance,medical insurance and work-related injury insurance for the employees to adapt to the economic characteristics of the platform.However,we should also avoid the loss of opportunities for platform economic development due to overemphasis on the protection of the rights and interests of platform practitioners.All in all,it is necessary to balance the protection of labor rights and interests of platform practitioners with the development of platform economy,and realize the unity of fairness and efficiency.