| With the rapid development of platform economy,a large number of job opportunities have been created,and the number of platform workers has increased,and the protection of labor rights and interests of platform workers has become a difficult issue at present.In this regard,the Ministry of Human Resources and Social Security and All-China Federation of Trade Unions have issued documents regarding collective negotiation as an important approach to safeguard the rights and interests of platform workers,and pilot work of collective labor contracts on platforms has also been carried out in various localities.However,our country collective contract system on which the platform collective contract is based is relatively old and can’t effectively support the platform collective bargaining.To be specific,the current collective contract system based on the collective bargaining of platform labor has the following major problems:(1)The platform labor relationship cannot be clearly applied.(2)The platform collective contract negotiation subject responsibility norms are not perfect.(3)The content standards of collective contracts are not perfect.(4)Lack of algorithm regulation.(5)Lack of norms for regional collective contracts of platform industry.In order to solve these problems,this thesis tries to improve our collective contract system from the aspects of law and practice.The legal basis for the improvement of platform labor collective contract system is collective labor right,individual labor right and balance of labor and capital interests.The basic human rights attribute of collective labor right explains the legitimacy of extending the scope of application of collective contract system to all labor relations on the platform,while the individual labor right explains the working rights that platform workers should have according to their subordination and work characteristics,including the right to labor remuneration,the right to rest and vacation,the right to social security,the right to algorithm data,etc.The balance of labor and capital interests is the basic requirement of collective bargaining of platform labor,which guarantees the healthy development of platform labor industry.The practice is based on the achievements of relevant legislation and collective consultation in and outside the region,relying on the policy guidance and relevant laws and regulations in recent years,and combining with the relevant experience outside the region.In this thesis,the improvement of the platform labor collective contract system will focus on improving the current collective contract system and carrying out the contract model,and put forward some suggestions as follows:(1)Platform labor group and platform labor collective contract should be unified into the applicable scope of the collective contract system in our current collective contract system.(2)The collective contract system shall,in accordance with the development of the platform industry,clarify the rights and responsibilities of the trade union of the platform industry and the platform labor enterprises,and further standardize the collective negotiation of the platform labor.(3)The collective contract system should improve the relevant standards of collective contract content,and add labor standards,social security and other contract content standards applicable to the platform employment relationship.(4)The collective contract system adds relevant norms of algorithm regulation to prevent algorithm abuse.(5)To carry out regional contract models of industries related to the employment of workers on the platform,and guide the conclusion of regional collective contracts of industries related to the employment of workers on the platform. |
