个别劳动关系法治化治理研究

Research on the Legalization Governance of Individual Labor Relations

个别劳动关系法治化治理取得了一定的成绩,但存在法律规制价值取向不明确,个别劳动关系的法律界定不清晰,典型劳动关系割裂与非典型劳动关系放纵等问题。在《劳动合同法》等法律的修订过程中,个别劳动关系法治化治理需要进一步明确价值导向,实行劳动者分层保护和用人单位分类适用,重构劳动合同期限制度,完善非全日制用工法律,并将共享经济下互联网平台用工纳入劳动法律规制。

The rule of law of individual labor relation has made some achievements. However, there are still some problems such as the legal definition of individual labor relations is not clear, the application to the typical labor relations and atypical labor relations is not standard and so on. In the process of revision of ＂labor contract law＂ and other laws, it＇ s necessary to further clarify the value orientation of labor protection and hierarchical employer classification for reconstruction of labor contract system, to perfect the legal regulation of part-time employment, and to share the Internet platform under the legal regulation of labor into the labor economy.