近年来,随着电商平台经济的蓬勃发展,网约车司机、外卖配送员等网约工这种新型用工模式大量增加,给中国经济带来了活力,同时也给人民的生活带来了便利。但是,网约工的劳动权益无法得到保障,网约工是否属于劳动者,学界和司法实践无法给...近年来,随着电商平台经济的蓬勃发展,网约车司机、外卖配送员等网约工这种新型用工模式大量增加,给中国经济带来了活力,同时也给人民的生活带来了便利。但是,网约工的劳动权益无法得到保障,网约工是否属于劳动者,学界和司法实践无法给出统一的答案,其休息权、职业技能培训权、社会保障权无法得到保障。我国经济的发展不应该以牺牲劳动者的合法权益为代价,劳动法的重心应该放在保护弱势群体的合法权益上,可以增设中间类型劳动者对网约工予以特殊保护,根据从属性强弱分层保护网约工劳动权益。同时,通过完善网约工的社会保险制度,提高网约工的维权能力,以保护网约工的合法权益。In recent years, with the booming development of e-commerce platform economy, the new employment model of ride hailing drivers, food delivery drivers and other online workers has increased significantly, bringing vitality to the Chinese economy and convenience to people’s lives. However, the labor rights and interests of online contract workers cannot be guaranteed, and there is no unified answer from academia and judicial practice on whether online contract workers belong to workers. Their rights to rest, vocational skills training, and social security cannot be guaranteed. The development of our country’s economy should not come at the cost of sacrificing the legitimate rights and interests of workers. The focus of labor law should be on protecting the legitimate rights and interests of vulnerable groups, and special protection can be provided for internet contract workers by adding intermediate types of workers. The labor rights and interests of internet contract workers can be protected in layers based on their strong or weak attributes. At the same time, by improving the social insurance system for online contract workers and enhancing their ability to safeguard their rights, the legitimate rights and interests of online contract workers can be protected.展开更多
文摘近年来,随着电商平台经济的蓬勃发展,网约车司机、外卖配送员等网约工这种新型用工模式大量增加,给中国经济带来了活力,同时也给人民的生活带来了便利。但是,网约工的劳动权益无法得到保障,网约工是否属于劳动者,学界和司法实践无法给出统一的答案,其休息权、职业技能培训权、社会保障权无法得到保障。我国经济的发展不应该以牺牲劳动者的合法权益为代价,劳动法的重心应该放在保护弱势群体的合法权益上,可以增设中间类型劳动者对网约工予以特殊保护,根据从属性强弱分层保护网约工劳动权益。同时,通过完善网约工的社会保险制度,提高网约工的维权能力,以保护网约工的合法权益。In recent years, with the booming development of e-commerce platform economy, the new employment model of ride hailing drivers, food delivery drivers and other online workers has increased significantly, bringing vitality to the Chinese economy and convenience to people’s lives. However, the labor rights and interests of online contract workers cannot be guaranteed, and there is no unified answer from academia and judicial practice on whether online contract workers belong to workers. Their rights to rest, vocational skills training, and social security cannot be guaranteed. The development of our country’s economy should not come at the cost of sacrificing the legitimate rights and interests of workers. The focus of labor law should be on protecting the legitimate rights and interests of vulnerable groups, and special protection can be provided for internet contract workers by adding intermediate types of workers. The labor rights and interests of internet contract workers can be protected in layers based on their strong or weak attributes. At the same time, by improving the social insurance system for online contract workers and enhancing their ability to safeguard their rights, the legitimate rights and interests of online contract workers can be protected.
