平台经济劳动者保护的法理逻辑与路径选择

The Legal Logic and Path Choice for Workers'Protection in the Platform Economy

由于立法滞后等原因,我国平台经济劳动者保护陷入很大困境,主要表现为劳动关系难以认定,劳动者缺乏劳动安全和社会保障,劳资权利严重失衡。事实上,平台经济中劳动关系的实质没有改变,劳动者与平台的从属关系、平台对劳动过程的监管考核较之传统意义上的劳动关系都没有改变,现行劳动法律制度仍具有适用性。平台经济劳动者保护的主要路径是,进一步完善劳动关系认定标准,扩大社会保险覆盖范围,加强对从业者的劳动保护,充分发挥工会的维权作用。未来我国劳动法律制度框架的基点仍然是,在劳动者权益保护和平台经济创新发展之间寻求平衡,促进经济社会健康、稳定、协调发展。

Due to the lagging legislation and other reasons,the protection of workers in China’s platform economy has been mired in great difficulties,mainly including the difficulty in recognizing labor relations,the lack of labor safety protection and social security,and the serious imbalance of labor-capital rights.In fact,the essence of labor relations in the platform economy has not changed;the subordinate relationship between workers and the platform and the platform’s supervision and assessment of the labor process have not changed either,compared with the traditional labor relations;and the current labor legal system is still applicable.The main path for the protection of workers in the platform economy is to further improve the standards for recognizing labor relations,expand the coverage of social insurance,strengthen the labor protection of practitioners,and give full play to the role of trade unions in safeguarding the rights of workers.In the future,the basic point concerning China’s labor legal system framework is still to seek a balance between the protection of workers’ rights and interests and the innovative development of the platform economy,and promote the healthy,steady and coordinated development of the economy and society.