新就业形态劳动者权益保障问题研究——基于平台责任的理论思考

Research on the Protection of Workers’Rights and Interests in New Employment Form:Theoretical Thinking Based on Platform Liability

在平台经济蓬勃发展的背景下,区别于传统用工模式的新就业形态对劳动者权益保障提出挑战。国家相关部门近期发布多个文件,从劳动关系、劳动标准、社会保险等方面对新就业形态劳动者的权益保障提出要求,然而地方实践表明要将保障真正落到实处仍存在现实困境。其中,平台责任及其与劳动者关系问题是核心难点,基于风险完全转移和风险不完全转移进行平台责任的理论探讨,有助于建立兼具可行性及可操作性的制度落地计划。

Under the background of the vigorous development of platform economy,new employment form characteristics which are different from the traditional employment mode have also posed challenges to the protection of workers’rights.The government has recently issued number of documents that put forward requirements in terms of labor relations,labor standards and social insurance.However,local practice shows that there are still dilemmas to implement the security measures.Among them,platform liability and its relationship with workers are the core difficulties.The theoretical discussion of platform liability based on the complete transfer of risks and the incomplete transfer of risks will help to establish a system plan with feasibility and operability.