新就业形态女性劳动者权益保障研究

Protection of Female Employees'Rights and Interests in New Forms of Employment

新就业形态在增加女性劳动者工作机会的同时,也带来了女性劳动者权益保障的新挑战。我国已初步建立了新就业形态劳动者权益保障的法律体系,但存在性别视角不足、对女性群体聚焦有限的问题。总的来看,新就业形态女性劳动者权益保障的挑战包括:算法技术化监管主要基于男性数据,对女性身体特征的保障缺乏相应考虑,平台未基于女性在家庭角色中的地位给予相应保障,平台化劳动模式会对女性劳动者的联合性产生负面影响。可以从以下几个方面加强新就业形态女性劳动者权益保障,即探索算法中的性别平等,增加算法中的女性化设置;探索家务劳动报酬化的可能性,以平衡女性家庭责任和经济收入;在远程工作的规范中关注女性劳动者的特殊性,平衡远程工作与家庭照护劳动;重塑新就业形态女性假期政策,以推进生育友好型社会的构建;积极发挥工会的“联合”作用,消除新就业形态女性劳动者可能出现的孤立感和“原子化”。

Increasing job opportunities for female workers,new forms of employment also brings new challenges to protect their rights and interests.Though the legal system to protect the rights and interests of employees in new forms of employment has been established initially in China,such issues as lack of gender consideration and focusing on female groups stll exist.In general,the challenges in protecting the rights and interests of female workers are mainly as follows:the technical supervision of algorithmic is mainly based on the data of males;lacks of considering female workers'physical characteristics;the platform does not provide relevant protection based on females'role in their family;and the plaform-based labor model may have negative impact on female employees'solidarity.The protection of female employees'rights and interests in new forms of employment can be strengthened in the following aspects:exploring gender equality in the algorithm and increasing the feminine control in algorithm;exploring the possibility of remunerating housework in order to balance female employees'family responsibility and their income;paying close attention to female employees'particularity to balance remote work and family care labor;reformulating female's vacation policy in new forms of employment to promote building a maternity-friendly society;actively giving play to the"jointness"role of trade unions to eliminate the sense of isolation and"atomization"may appear to female employees in new forms of employment.