Legal Research On The Protection Of Labor Rights And Interests Of New Flexible Employees

According to the dual protection system of my country’s traditional labor law,the "all or nothing" approach is rigidly applied to individuals.Only those who are recognized as workers can enjoy comprehensive labor law protection,otherwise they will not be protected by the labor law.Although the new flexible employment shows strong flexibility and autonomy,but in the actual process of providing labor,employers are economically disadvantaged and online platforms have strong control over them,the status of both parties is substantively unequal,employers show part of the characteristics of laborers,resulting in the unclear employment relationship between new flexible employees and platform companies,personal liability risks are gradually increasing,there are often similar cases with different judgments,the labor rights protection of this group is facing difficulties.The main reasons are that China’s labor legislation and social security measures are not perfect,rigidly apply labor relations judgment standards,inadequate government supervision and lack of services,new types of flexible employment lack independent rights protection organizations.The experience of foreign countries on the system design of the third type of laborers,the relatively broad identification standards,and the expansion of the power of the third type of labor group are worthy of our reference.Based on my country’s national conditions,improve the labor rights protection of new flexible employees,we need to work together from the four aspects of legislation,justice,law enforcement and social organizations.In the long term,intermediate workers should be established in legislation,for those who do not have personality subordination and are highly economically dependent,they can be included as intermediate workers,the scope of protection is mainly economic protection,compared with the rights enjoyed by traditional workers,the scope of protection is narrower.At the same time,innovative insurance protection system,analyze the system design ideas and rights realization path of basic endowment insurance,basic medical insurance,unemployment insurance and work-related injury insurance for new flexible employees.Based on the pressing reality of the moment,in terms of justice,we should first explore and unify judgment thinking,appropriate relaxation of the identification standards for labor relations and timely release of guiding cases.In terms of law enforcement,it is necessary to strengthen government supervision and services,not only to increase the supervision of labor inspection departments,but also to improve the quality of employment services.In addition,we will improve the work style of trade unions,innovate the operation mode of trade unions based on the characteristics of new flexible employment,and give full play to the legal aid function.