摘要
随着共享经济的迅猛发展,网约工已经发展成为一支规模巨大的新生就业群体,且展现出鲜明的新就业形态,主要表现为用工主体的平台性、轻资产化和就业主体的原子性和重资产化,用工方式的高弹性和社会化,就业方式的网约性和非标准化,用工管理上的"重绩效轻责任"非均衡性以及就业关系的去劳动关系化等主要特质。共享经济新就业形态既对促进就业产生了一定的积极贡献,也对相关劳动权益实现带来巨大冲击和挑战,这就要求相关部门、行业协会和工会组织等在处理好远与近、合与分等关系的基础上,建立一套行之有效的网约工劳动权益保障机制。
The recent rapid development of sharing economy witnesses the new employment group of workers-hired through–the internet. The sharing economy has been a new giant employer and is presenting itself as a distinct new pattern of employment. The new pattern of employment generally can be summarized as the following five major characteristics. Firstly, it serves as both the platform-oriented mentality of not paying much attention to fixed asset of the employer, and the detached mentality of paying too much attention to fixed asset of the employment subject. Secondly, it is of a highly flexible and socialized mode of service. Thirdly, it is internet-based and non-standardized (mode of employment). Fourthly, it lacks equal emphasis on performance rather than responsibility in employment management. Finally, it lacks a contract between the employer and the employees in terms of labor relations. Hence, the new employment pattern of the sharing economy both benefits employment and challenges related labor rights and interests. Accordingly, an effective mechanism for protecting labor rights and interests of the workers-hired through-the internet should be established for the relevant departments, industry associations and the trade union to deal with the relations and interests of the employers and employees.
作者
汪雁
张丽华
WANG Yan;ZHANG Lihua(Industry Relations Research Center of ACFTU,Beijing 100865;Tianjin Sino-German University of Applied Science,Tianjin 300350)
出处
《中国劳动关系学院学报》
2019年第2期49-59,98,共12页
Journal of China University of Labor Relations
关键词
共享经济
新就业形态
就业影响
网约工
sharing economy, the new employment pattern
workers-hired through-the internet