| With the advent of the digital economy,the rapid development of digital technology and information technology has driven the emergence of new forms of labour,and labour relations have undergone significant changes due to the intervention of digital economy factors,which has brought huge challenges to the protection of labour rights and interests of digital workers.The dichotomous system of "all or nothing" in China’s traditional labour law,i.e."all or nothing" and vice versa,has become difficult to adapt to the current development of digital labour relations.The dichotomy of "all-or-nothing" and vice versa is no longer suitable for the current development of digital labour relations.Reflected in the specific digital economy,the legal relationship between a large number of mobile application users and the platform is difficult to be accurately defined,which has given rise to the practical problem of protecting the labour rights of platform users.The fact that platform users are highly autonomous and flexible in their use of mobile apps to engage in the corresponding "labour" acts,and the strong position brought about by the platform’s remote supervision and control,as well as the strong control of digital technology and platform operations,makes it difficult for mobile app users to obtain effective remedies under existing laws,especially labour laws,once they encounter the reality of infringement of their rights and interests.In particular,labour law provides effective remedies.Based on the analysis of the typology of mobile application users and the attributes of digital workers,as well as the current situation of labour rights protection of users,it can be found that the current labour rights protection of digital workers is difficult to adapt to the development of labour relations in the digital era.The protection of the rights and interests of digital workers is systematically flawed and inadequate,and is in urgent need of improvement and progress in the legal system and industry regulation.The inadequate protection of the labour rights and interests of mobile application users is mainly manifested in three aspects: the outdated standards for the recognition of traditional labour relations,the difficulties in defining new types of employment relations and the vague positioning of labour law itself.These shortcomings have created a need for a new type of labour relations system and a need for judicial practice to protect the labour rights and interests of digital workers.The construction and improvement of the mechanism for the protection of the labour rights and interests of mobile application users includes three specific aspects: firstly,the theory of "triadic protection of labour relations" from the civil law system should be introduced and a third type of labour relations should be created,breaking through the original "dichotomy".Secondly,it should introduce the rules related to employment contracts in the field of civil law and broaden the rules applicable to general personality rights,so as to expand the protection of new types of employment;finally,from the perspective of internal regulation of the industry,it should strengthen the main responsibility of digital platforms,improve the system of benefit distribution between "platforms and users",and advocate for the protection of new types of employment.Finally,from the perspective of internal regulation of the industry,it proposes solutions to strengthen the main responsibility of digital platforms,improve the system of benefit distribution between "platforms and users",and advocate the collaborative governance of multiple parties in protecting the rights and interests of digital workers,so as to strengthen the regulation and operational governance of digital platforms. |
PDF Full Text Request