论电商平台网络用工的法律规制

On the Legal Regulation of Online Employment on E-Commerce Platforms

平台经济迅猛发展的背景下,我国的法律制度正面临着创新与变革。网络用工问题就是劳动法面临的新挑战。网络用工是突破了传统劳动关系理论,给劳动关系认定标准和社会保险制度造成了巨大冲击,需要对传统劳动关系认定标准进行理论更新,同时寻找变革传统社会保险制度,以更好地解决因平台用工问题引发的劳动争议,更好地维护网约工的劳动权益。用工网络化使得传统行业用工单位建立的工会难以在平台用工的背景下发挥维护劳动者集体劳动权益的作用。因此,在平台经济背景下,网络用工中集体劳动权益的保障机制也应当有所创新。

Against the background of the rapid development of the platform economy, our legal system is facing innovation and change. The issue of network employment is a new challenge to labour law. Network employment is a breakthrough in the theory of traditional labour relations, which has caused a huge impact on the standard of identification of labour relations and the social insurance system, and it is necessary to update the theory of the traditional standard of identification of labour relations, and at the same time, look for a change in the traditional social insurance system, in order to better solve the labour disputes arising from the issue of platform employment, and better safeguard the labour rights and interests of the net-contracted workers. The networking of employment makes it difficult for trade unions established by traditional industrial employers to play the role of safeguarding the collective labour rights and interests of workers in the context of platform employment. Therefore, in the context of the platform economy, the mechanism for safeguarding collective labour rights and interests in the context of network employment should also be innovated.