Research On The Legal Protection Of Labor Rights And Interests In The New Employment Form

In recent years,the new employment form relying on the development of Internet information technology has achieved unprecedented rapid development.Its free and flexible employment model has been enthusiastic about by the public,which has rapidly driven its leap-forward development,integrated idle human resources,slowed down the current social employment pressure,stabilized ’ people’s livelihood ’,and promoted social and economic progress.However,the new problems brought by the development of new employment forms have emerged,that is,the traditional labor legal system and theoretical support have issued new challenges.In reality,the labor rights and interests of workers in new forms of employment have been repeatedly infringed,such as online delivery workers,online car drivers and other new forms of employment workers.What effective legal protection channels are needed to provide effective protection for them is a realistic dilemma that needs to be solved urgently for the protection of the rights and interests of workers in new forms of employment.In view of this problem,the current labor legal system in China cannot provide effective labor legal protection for it.The reason is that the legal relationship of workers in the new employment form is complex and diverse,and the traditional labor legal system is difficult to identify labor relations,which leads to the existence of legal ’ blank ’.In this way,it is necessary to fill the legal ’ gap ’ through effective ways.Because the new employment form belongs to the form of employment based on the Internet platform,there are some corresponding difficulties in the legal protection of the rights and interests of workers in the current new employment form,mainly in three aspects: first,the legal identity of workers in the new employment form is vague;secondly,the "binding" of social insurance benefits and labor relations;third,the lack of security role of the three parties: the employment mode of the Internet platform is not standardized;the awareness and ability of workers in the new employment form to safeguard their rights are weak;the role of trade union organizations in safeguarding rights is relatively negative.At the same time,through the comparative analysis of the relevant labor legal systems of foreign countries in the legal protection of the rights and interests of workers in the new employment form,this paper draws lessons from them,and then combines the actual situation of China to provide corresponding path enlightenment for the legal protection of the rights and interests of workers in the new employment form in China.Therefore,combined with the development trend of new employment forms and the difficulties faced by workers in new employment forms,an effective protection path is given based on ’problem-oriented’,that is,to improve the protection system of China’s current labor legal system,not only to protect the labor rights and interests of traditional workers,but also to protect the labor rights and interests of workers in new employment forms.The main measures are divided into three aspects: First of all,from the perspective of legal regulation on the formulation of separate laws,the role of protecting the rights and interests of new employment workers is enhanced,and the legal basis of separate legislation is clarified.Through the identification of its identity and the specific content of rights and interests;secondly,it advocates the appropriate relaxation of social insurance benefits and labor relations,and clarifies the legal basis for workers in the new employment form to realize social insurance benefits.It is particularly important to construct the industrial injury insurance system in combination with the most missing and important rights and interests of workers in the new employment form;Finally,strengthen the protection awareness and legal responsibility of the three parties,mainly through the innovation of the legal protection role of trade union organizations,strengthen the supervision of employment management of Internet platform enterprises,and improve the legal protection awareness of workers in new employment forms,so as to jointly safeguard the development of new employment forms and protect the rights and interests of workers in new employment forms.