新业态劳动者权益保障中平台守门人监管模式的引入及规则构建

The Introduction and Rule Construction of the Platform Gatekeeper Regulation Model in the Protection of Rights and Interests of Workers in New Types of Employment

现有的劳动者权益保障规则难以有效兼顾维护新业态劳动者合法权益和促进平台经济健康有序发展的双重目标。欧盟和中国在数据与竞争法领域实施的平台守门人监管模式,为监管大型数字平台提供了新思路,其核心要义是对平台分类分级监管,并适当加重超大平台的义务。新业态劳动者权益保障中引入平台守门人监管模式,有其必要性与可行性。构建新业态劳动者权益保障平台守门人义务的规则,应确立合理的平台分类分级识别标准,识别平台守门人,并赋予其新业态劳动者权益保障的加重义务,同时规范平台守门人第三方劳务公司的合规义务,平台守门人的加重义务也不能过泛而应加以适当限制。

The existing rules for protecting the rights and interests of workers find it difficult to effectively balance the dual objectives of safeguarding the legitimate rights and interests of workers in new types of employment and promoting the healthy and orderly development of the platform economy.The gatekeeper regulatory model implemented by the EU and China in the fields of data and competition laws and regulations provides new ideas for regulating large digital platforms.Its core essence is to implement classified and tiered regulation of platforms and to impose specific obligations on super-large platforms.Introducing the gatekeeper regulatory model into the protection of the rights and interests of workers in new types of employment is both necessary and feasible.When constructing rules for the gatekeeper obligations of platforms in protecting the rights and interests of workers in new types of employment,reasonable standards for classifying and grading platforms should be established to identify gatekeepers and impose heightened obligations on them for protecting the rights and interests of workers in new types of employment.At the same time,the compliance obligations of third-party labor providers associated with gatekeepers should be regulated.The heightened obligations of gatekeepers should not be overly broad and should be appropriately limited.