互联网经济下新业态从业者劳动权益保障的思考

On the Protection of Labor Rights and Interests of New Business Practitioners in the Internet Economy

互联网的发展带来整个社会的劳动方式的转变,新业态从业人数越来越多,而劳动法的修订却远远跟不上社会的发展和变迁。新业态从业者的就业具有灵活性、自主性、多样性等突出特点,同时,也面临法律关系的复杂性和权益保护的困难性。结合实践中存在的相关法律法规不健全、难以认定从业人员与用工单位之间的法律关系、从业风险高以及相关部门监管不完善等困境,提出了建立健全相关法律法规、规范用工单位与从业人员的法律关系、加大社会保障机制的覆盖面、完善政府部门的监管等法律意见,以期在当前互联网经济下新业态从业者的劳动权益能受到更好的保护。

The development of the Internet has brought about a change in the labor mode of the entire society,and the number of practitioners in new businesses is increasing,but the revision of the labor law is far behind the development and changes of society.The employment of practitioners in new businesses has its own outstanding characteristics such as flexibility,autonomy,and diversity.At the same time,the practitioners are faced with the complexity of legal relations and the difficulty of protecting rights and interests.Combining with the dilemmas of unsound relevant laws and regulations in practice,difficulty in identifying the legal relationship between employees and employers,high employment risks,and imperfect supervision of relevant departments,it is proposed to establish and improve relevant laws and regulations,standardize the legal relationship between employers and employees,expand the coverage of the social security mechanism,and improve the supervision of government departments and other legal opinions,in order to better protect the labor rights and interests of practitioners in new businesses in the current Internet economy.