Identification of workers and protection of their rights in the platform economy: Taking "online delivery clerks" as an example

Jiayin Qin

doi:10.47297/wspchrmWSP2040-800501.20221301

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Identification of workers and protection of their rights in the platform economy: Taking "online delivery clerks" as an example

Volume 13, Issue 1

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Identification of workers and protection of their rights in the platform economy: Taking "online delivery clerks" as an example
Identification of workers and protection of their rights in the platform economy: Taking "online delivery clerks" as an example
School of Labor and Human Resources, Renmin University of China, Beijing 100872, P.R.China
Vol. 13, Issue 1, Pages: 3-38(2022)
Published： 30 June 2022 ，
DOI：10.47297/wspchrmWSP2040-800501.20221301
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Qin Jiayin.Identification of workers and protection of their rights in the platform economy: Taking "online delivery clerks" as an example[J].Journal of Chinese Human Resources Management,2022,13(01):3-38.
DOI：

Qin Jiayin.Identification of workers and protection of their rights in the platform economy: Taking "online delivery clerks" as an example[J].Journal of Chinese Human Resources Management,2022,13(01):3-38. DOI： 10.47297/wspchrmWSP2040-800501.20221301.

摘要

Abstract

This paper intends to sort out the provisions of China's current laws and regulations on the protection of workers' rights and interests

and summarizes the particularities of the relationship between platforms and workers in the platform economy. Eventually

puts forward a set of legislative suggestions covering both the identification of workers' status and the protection of their rights and interests. This paper conducts normative analysis

empirical analysis

case analysis and other methods to explore the rights and interests' protection of workers

that are in line with China's national conditions. This paper reveals that in the context of the continuous development of Internet technology and digital economy

platform economy continues to develop and expand

deriving new employment relations. Platform economy not only creates jobs and promotes economic development

but also exposes problems such as disorderly expansion of capital

data security risks and confusion of labor relations. At the same time

in the existing legal system design and judicial practice

there are also some problems

such as outdated system design of labor relationship identification standards

and inconsistent understanding of the employment relationship between online contract delivery personnel and the platform by courts at all levels. In order to construct gradient legal relationship and realize dynamic judicial adjustment

we should distinguish full-time and part-time delivery clerks on the basis of the existing dichotomy system of labor

and explore the path of reconstruction of identification standard from three aspects: composition of labor affiliation

self-consistency and emphasis. On the basis of clarifying the relationship between rights and obligations of all parties

China should bring part of new forms of business practitioners into the scope of labor law adjustment

and pay attention to the legal protection of their constitutional basic rights

the right of compensation for work-related injury and the right of security. In addition

the establishment of a comprehensive regulatory framework by strengthening the platform's self-discipline and national daily supervision is of great significance to the protection of labor rights and interests of online delivery clerks

the realization of higher quality employment

and the maintenance of social stability

equity and justice. The value of this paper to the theory is that

it clears the fog of diversity on the surface of platform employment

clarifies the essential characteristics of labor relations in the platform economy

and thus establishes the standard of workers' identity recognition.

关键词

Keywords

Algorithmic managementLabor subordinationIndustrial injury insurance

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