数字劳务平台就业者权益保障体系构建

Construction of New Forms of Employment Rights and Interests Protection System

依托数字平台企业的新就业形态迅猛发展,成为促就业、惠民生的重要抓手。与此同时,数字平台劳务用工过程中“去劳动关系化”与“再劳动关系化”屡见不鲜,带来了就业不稳定、劳动争议增多、劳动不公正等问题,损害就业者权益,使其处于弱势地位。依靠我国传统法律对此难以发挥充分的救济作用,数字平台就业者只能根据实际情况理性选择就业者法律保护路径。为构建和谐劳动关系,实现数字平台经济发展和数字平台就业者权益保障双赢的效果,应让多方主体参与构建就业者权益保障体系,具体而言,就业者和数字平台应增强自身权责意识、人社部门应健全就业者社会保障制度、政府部门应构建多部门参与的数字平台就业关系监管体系、司法部门应加强对就业者权益的司法保护,此外还应探索建立就业者维权公益组织,以加大数字平台就业者权益保障的力度。

The rapid development of new employment forms of enterprises relying on digital platforms has become an important starting point for promoting employment and improving people’s livelihood. At the same time, “de-labor relations” and “re-labor relations” are not uncommon in the employment process of digital platforms, which has brought about problems such as employment instability, increased labor disputes, and labor injustice, which harms the rights and interests of employees and puts them in a vulnerable position.Relying China’s traditional laws is difficult to play a full relief role in this regard, and digital platform employees can only rationally choose the legal protection path for employees according to the actual situation. In order to build a harmonious labor relationship and achieve the win-win effect of economic development of the new employment form and protection of the rights and interests of employees in the new employment form, multiple parties should be involved in the construction of a protection system for the rights and interests of employees. Specifically, employees and digital platforms should strengthen their own rights and responsibilities. Awareness, human resources and social security departments should improve the social security system for employees, government departments should build a multi-sectoral digital platform employment relationship supervision system, judicial departments should strengthen judicial protection of employees’ rights and interests, and explore the establishment of employees’ rights protection public welfare organizations, in order to strengthen the protection of the rights and interests of employees in new employment forms.