后疫情时代新业态从业者劳动权益保障的困境与化解

The dilemma and solution of the protection of labor rights and interests of workers in new forms of business in the post-epidemic era

后疫情时代,国家鼓励支持新业态新模式的发展。但新业态从业者劳动权益保障面临诸多问题和困境:一是新业态从业者劳动权益保障的法律法规不健全,二是新业态从业者利用现有法律法规保障自身权益难度较大,三是新业态从业者劳动权益保障机制缺失。可以从加快制定和完善适用于新业态从业者劳动权益保障的法律法规、借助指导性案例明晰新业态从业者与用工单位之间劳动关系的认定、逐步构建新业态从业者劳动权益保障的多方机制等方面,化解新业态从业者劳动权益保护难题,营造新业态从业者劳动权益保障的法治环境,助推新业态新经济模式发展和人民群众追求更加美好的生活。

In the post-epidemic era,the state encourages and supports the development of new forms and models of business.However,the protection of labor rights and interests of new business practitioners faces many problems and difficulties.First,the laws and regulations on the protection of labor rights and interests of workers in new forms of business are not sound.Second,it is difficult for practitioners of new forms of business to protect their own rights and interests by using existing laws and regulations.Third,there is no mechanism to protect the labor rights and interests in new forms of business.So by accelerating the formulation and improvement of laws and regulations applicable to the protection of labor rights and interests of workers in new forms of business,clarifying the identification of labor relations between practitioners of new business forms and employers with guiding cases,and gradually establishing a multi-party mechanism for protecting the labor rights and interests of workers in new forms of business,we can resolve the difficulties in protecting the labor rights and interests of workers in new forms of business,create a legal environment for the protection of the labor rights and interests of workers in new forms of business,and boost the development of new forms of business and new economic models and the people’s pursuit of a better life.