零工经济就业群体劳动权益保障探析

Exploring the Protection of Labor Rights and Interests of Employment Groups in the Gig Economy

随着互联网技术的发展和移动通信设备的快速普及,以互联网平台为基础的零工经济迅速崛起。平台经济创造了一种新型就业形式,为我国新增了大量的灵活就业岗位。与传统就业形式的劳动关系相比,零工经济工作时间更为弹性自由,但平台方往往不承认与其就业群体存在劳动关系,致使该群体的劳动权益受到严重损害。认定平台与其就业群体的法律关系是当前的一个热点和难题。现行的劳动法律范畴规定不够明确,需要修改、完善和细化,以更好地保护零工经济就业群体的合法权益。

As Internet technology grows by leaps and bounds and mobile communication devices spread widely,Internet-based gig economy is springing up rapidly.This platform economy has created a new form of employment,adding a large number of flexible job positions in China.Compared to traditional forms of labor relations,gig economy provides more flexible and free working hours to their employment groups.However,it is for this reason that platforms often refuse to recognize the labor relations they have with their employment groups,resulting in serious damage to the labor rights of the groups.The identification of the legal relationship between the platform and its employment groups has currently become a hot topic but a difficulty as well.Therefore,the existing labor laws,which are not clear enough,need to be improved and refined in order to better protect the legitimate rights and interests of the employment groups in the gig economy.