算法经济下网约工劳动权益保障实证研究——以上海市外卖骑手为例

An Empirical Research on the Protection of Labor Rights and Interests of Network Contracted Workers under Algorithmic Economy——A Case Study of the Takeaway Riders in Shanghai

随着网约工数量的不断增多,以外卖骑手为代表的网约工劳动权益保障问题层出不穷。目前外卖骑手劳动权益保障主要存在薪酬不稳定、人身安全风险系数高、超时现象突出等问题,其原因主要在于算法模式对骑手的控制趋强、网约工劳动关系认定困难、网约工维权意识薄弱等方面。对网约工的权益可以从四个角度进行保障:一是颁布指导性案例,缓解劳动关系认定困难程度;二是改良算法,探索建立灵活的骑手激励机制;三是确立分类调整原则,进行专门立法;四是提升外卖骑手维权意识,拓宽维权途径。

With the increasing number of network contracted workers,the protection of labor rights and interests of which represented by takeaway riders has emerged in an endless stream.At present,the protection of takeaway riders labor rights and interests are mainly characterized by unstable salary,high risk coefficient of personal safety,and outstanding timeout phenomenon.The reasons are mainly due to the increasing control of the algorithm mode on riders,difficulties in identifying the labor relationship of network contracted workers,and weak awareness of protecting rights of network contracted workers.The labor rights and interests of network contracted workers can be protected from four perspectives:Firstly,promulgation of guiding cases to ease the identification difficulty of labor relationship;Secondly,improve the algorithm to explore the establishment of flexible rider incentive mechanism;Thirdly,establish the principle of classification adjustment and make special legislation;Fourthly,improve the awareness of takeaway riders to protect their rights and broaden the ways to protect their rights.