确认网络新业态平台用工劳动关系的案例研究——基于劳动关系从属性的认定

A Case Study on Confirming the Labor Relationship of Workers Employed on the Platform of New Online Businesses——Based on the Subordination of Labour Relationships

网络平台用工作为一种新兴的就业形式,主要集中在网约车、外卖配送、家政服务等领域。当前司法实践中,法院对平台用工是否与平台共有劳动关系的从属性标准认定范围较窄,将忽略部分平台用工的权益保障,应扩大解释和应用范围。同时,新就业形态劳动者还面临企业逃避责任、权益保障制度缺陷、社会保障机制不完善等问题,应健全新就业形态劳动者权益保障制度体系。

Network platform employment is an emerging form of employment,focusing mainly on areas such as online car-hailing,take-away delivery and housekeeping services.In the current judicial practice,the court's determination of the subordinate standard of whether the platform-employed worker shares a labor relationship with the platform is more limited in scope,which will ignore the protection of the rights and interests of some of the platform-employed workers,and should be expanded in interpretation and application.At the same time,workers in new forms of employment also face problems such as enterprises evading their responsibilities,deficiencies in the rights and interests protection system,and imperfections in the social security mechanism,so the rights and interests protection system for workers in new forms of employment should be improved.