Researh On The Protection Of Gig Workers’ Rights And Interests Under The Digital Economy

Under the background of digital economy,the group of online contract workers in China has been growing explosively,and the emergence of online contract workers has brought impact to the theory of labor law.Compared with traditional workers who are protected by labor law,they lack the corresponding theoretical foundation and their legal nature is still unclear and lack of clear legal relationship recognition standards.The object of labor law protection in China is workers who have established labor relations with employers,and the prerequisite for enjoying labor rights and interests is to be recognized as a worker.How to identify the legal relationship between online workers and the platform and whether to apply the traditional labor relationship identification standards are issues that need to be studied and discussed in China’s labor law academia and judicial practice.In order to protect the legitimate rights and interests of online workers and the sustainable and healthy development of digital economy,this paper proposes corresponding measures and methods for the problems of determining the labor relations of online workers and the protection of labor rights and interests.The first part of this paper analyzes the adjudication documents and conducts an empirical study on the current situation of labor rights and interests protection of online workers in China.It can be seen from the adjudication that there is no unified standard for the determination of the legal relationship between online workers and the platform,and each court takes different factors into consideration,and there are often different judgments in the same case and similar cases.The second part of the paper compares the theories of labor relations recognition in some civil law and common law countries and the standards of labor relations recognition in China,and draws from the foreign experiences that are useful for the standards of labor relations recognition in China.The third part is to sort out the problems of identifying online workers and the difficulties faced by the protection of rights and interests.The courts do not have a unified standard for determining the status of online workers;they respect the autonomy of the parties too much;and the burden of proof is heavy for online workers,which are all factors affecting the correct determination of the status of online workers.The lack of corresponding organizations to defend the rights of online workers,the evasion of corporate responsibilities by platforms and the lack of guarantee of labor remuneration rights and interests seriously damage the realization of the rights and interests of online workers.The fourth part analyzes the practices of some overseas countries in protecting the rights and interests of online workers,and the problems of identifying online workers and protecting their rights and interests also bring challenges to overseas countries.Although countries adopt different standards to identify and protect the rights and interests of online workers,they are all free from the traditional "dichotomous" system,and China can learn from their experience in protecting the labor rights and interests of online workers.In the fifth part,in view of the above dilemma,the basic path for the identification of online workers and the construction of the protection of their rights and interests is proposed,which is constructed from various perspectives such as identification standards,identification subjects,burden of proof,organization for the protection of rights and interests,sharing of responsibilities and guarantee of remuneration,and the solutions for the identification of online workers and the protection of their rights and interests are proposed.