摘要
Under the employment model of online car-hailing platforms,the extension of working hours and increase of labor intensity for practitioners are driven by the orders from these platform companies and labor-related third parties.Also,they are more attributable to the internal driving force of practitioners themselves who hope to have more orders and earn more.It is impossible to apply the regulation system of the existing labor law to protect the rights and interests of employees in terms of working hours and labor intensity.The author suggests that the state should make special labor legislation to make the following targeted provisions:Online car-hailing platform companies and labor-related third parties that implement labor management and control over practitioners shall,on the premise of abiding by labor standards and industry rules,set various reasonable indicators of working hours and labor intensity through rules and take effective technical measures to control these two dimensions,so that practitioners can avoid serious overwork.Besides,by encouraging the provision of certain convenience for practitioners to take intermittent breaks,jointly building a compatibility system for different online car-hailing platforms,and establishing relevant operating rules,we can restrain practitioners from being seriously overworked.This is actually a multi-cooperative boosting legislative regulation approach.
作者
赵红梅
JIANG Yu(译)
ZHAO Hongmei(Commercial and Economic Law School(CCELS)of China University of Political Science and Law(CUPL))
基金
the final result of the general topic of the National Rule of Law and Law Science The-oretical Research Project launched by the Ministry of Justice of the PRC,“Challenges Posed by the Sharing Economy to Labor Law and Social Insurance Law and Corresponding Solutions”(19SFB2050)
the funded result of the“CUPL Emerging Discipline Creation and Construction Program”
