On The Dualistic Attributes Of Individual And Collective Labor Rights Protection For Platform Workers

In recent years,with the rapid development of China’s platform economy and the transformation and upgrading of the structure of labor relations,the employment patterns extended by the platform employment mode have become increasingly complex and diverse,and the recognition of labor relations,the application of relevant labor standards and the granting of labor rights to workers in the new industry have been more than discussed at the theoretical level,and the standards in judicial practice are different.In particular,the legal rights of workers,represented by the Internet platform workers,have been defended against the minimum working hours and paid leave in the protection of individual labor rights and interests,and the right to solidarity in the protection of collective labor rights and interests,among which the typical representative cases are the Uber case in the UK from 2016 to February 2021 and the Uber case from 2017 to the present.The typical representative cases are the "Uber case" in the UK from 2016 to February 2021 and the "Deliveroo case" in the UK from 2017 to the present.However,during the research process,it was found that most of the scholars in China ignore the dualistic attributes of collective and individual labor rights protection when citing the two typical labor law cases mentioned above,so it is necessary to go through the three levels of the "Uber case" and "Deliveroo case".Therefore,it is necessary to analyze and consider the typology of individual and collective labor rights protection through the basic combing of different court decisions in the Uber and Deliveroo cases.In addition to the preface,the article consists of four chapters.The first chapter mainly raises the issue of summarizing the "contradictions" of typical cases of employment on British platforms.Firstly,the background of the "Uber case" and"Deliveroo case" in the UK were introduced respectively;Secondly,briefly introduce the specific circumstances of the above two cases,the plaintiff and defendant,and the court’s judgment results;Once again,by analyzing the results of similar backgrounds but conflicting judgments,the basic classification of individual and collective labor rights protection in the UK is introduced;Finally,the paper puts forward the misunderstanding between the theory and practice of labor rights protection for platform practitioners in China,that is,through literature review,it introduces the view that Chinese scholars generally agree with the duality of labor rights protection,and then through searching the HowNet papers,it sorts out the pie chart that does not distinguish between individual and collective protection,and proposes that attention should be paid to the distinction and boundary of individual and collective labor rights protection in specific cases.The second chapter introduces the composition and related research of the dual legal system of labor protection in the UK.This chapter is mainly divided into two parts.The first part provides a basic overview of the individual labor protection legal system in the UK;The second part provides a brief introduction to the legal system of collective labor protection in the UK,and demonstrates the judicial resolution path of labor disputes in the UK by drawing a trial flowchart of individual or collective disputes in various levels of courts in the UK.The third chapter introduces the views of different judges of different courts in the Uber and Deliveroo cases.Specifically,the UK Labour Court,the Labour Appeal Court and the Supreme Court in the Uber case,and the UK Central Arbitration Committee,the High Court and the Court of Appeal in the Deliveroo case.The fourth chapter concludes that the dichotomy between collective and individual labor rights protection for platform workers should be further optimized.From a macro perspective,the significance of the distinction between the protection of collective and individual labor rights of platform employees is reiterated,namely,the analysis of the adjudication paths in the Uber and Deliveroo cases,the different attitudes of judges in granting individual or collective labor rights protection to platform employees,and the different attitudes of judges in the Deliveroo case.Based on the analysis of the adjudication paths of the Uber case and the Deliveroo case,the different attitudes of judges towards the protection of individual or collective labor rights and interests of platform employees,and the misunderstanding of the practice of citing individual and collective labor cases in China,we emphasize that attention should be paid to the attribution and classification of labor rights claims in order to better protect the labor rights and interests of platform employees;from a microscopic point of view,for individual labor rights,the labor benchmark should be used as the bottom and the openness of the value of rights should be maintained.In terms of collective labor rights,attention should be paid to the prudent empowerment and appropriate promotion of the "union-like" system.The research methods used in this paper includes:literature analysis,comparative analysis,empirical analysis and inductive analysis.This paper hopes to clarify and distinguish the dual attributes of the labor rights of platform employees under the new employment pattern in China through the analysis of two typical cases in the United Kingdom in which the labor rights of platform employees are violated today,the collation of the practical misunderstandings that exist when citing cases in China,and the discussion of the changes and application of the relevant theories of individual and collective labor rights protection.