劳动者——法学概念的理论分析

On Laborers--Theoretical Analysis of Legal Concepts

《劳动法》所规定的劳动者是受法律特别保护的群体,其与一般意义上的劳动者有着本质的区别。但由于我国目前的法律缺乏对劳动者概念的规定,仅通过用人单位的概念进一步倒推劳动者的概念。而且学术上也鲜见对劳动者概念的研究,随着新就业形态下诸如平台用工等对劳动者的认定带来新问题,所以,如何认定劳动法范畴之内的劳动者,并对其提供《劳动法》上的保障具有现实的重要意义。

The“laborer”stipulated in the Labor Law is a group specially protected by the law,which is essentially diff erent from the laborers in the general sense.However,due to the lack of stipulations on the concept of laborers in the current laws in our country,the concept of laborers can be interpreted only by referring back to the concept of employer.In addition,there are few academic studies on the concept of laborer.Considering new problems in identifying laborers under the new form of employment,such as platform employment,it has practical signifi cance to identify laborers within the scope of Labor Law and to provide them with guarantee in the Labor Law.