英国网约工劳动权益保障的思路、困境及启示

The Ideas, Limits and Lessons from the Labour Protection of Gig Workers in UK

近年英国的维权判例表明,网约工劳动权益保护的基本思路是试图以worker概念涵盖网约工,使其归入第三类劳动者。但存在的基本问题有worker概念包容性不够;网约工劳动权益的内容和边界难以界定; worker身份未能与税法;社会保障制度相衔接。参照英国的经验,我国对网约工劳动权益的保障进行制度设计时,应从灵活用工的扩展趋势中把握网约工的劳动权益,立法或修法以明确规定灵活用工群体的基本劳动权益内涵,并注意与税法、社会保障制度相协调。

The UK case law shows that the basic idea of the labour protection of gig workers is to try to cover the gig workers within the concept of worker which makes them fall into the third category of workers. However, the limits are that the concept of the worker cannot include all type of gig workers, the content and boundary of the labour rights of the gig workers are diffcult to de?ne, and the identity of the worker cannot harmonize with the tax law and the social security system. Based on the experience, for labour protection of gig workers in China, we should consider it from the expansion trend of flexible employment, legislate or modify the law to clearify the basic labor rights of the ?exible employment groups in an manner which is coordinated with tax laws and social security systems.