The Protection of the “Third Kind of Workers” in Gig Economy from the Perspective of Social Rights

Due to the new flexible employment mode of the gig economy,many workers in the gig economy cannot be classified according to the traditional dualistic division of labor relations and non-labor relations,and their rights are basically under no protection.As human beings making a living through their labor,the workers in the gig economy should be entitled to basic human rights,among which the most directly related is social rights.The concept and theoretical framework of"independent workers"put forward by American scholars is more conducive to the protection of their social rights.This theory not only has the legal basis of international law,but also conforms to the legislative purpose of striking a balance between the protection of workers and the sustainable development of the gig economy.It is also practical.Based on this theory,China’s national conditions,and the core conventions of the International Labour Organization,we propose a new way to protect"the third kind of workers"in the gig economy.