More Attention Should Be Paid To The Protection Of Labor Rights In The "Internet +" Era

The first intermediate people's Court of Shanghai convened a seminar on "new employment pattern" under the action of "Internet +". Experts and scholars thought about the identification of employment legal relationship under the background of "Internet +", and enhanced the foresight and foresight of judicature for new labor dispute cases. The judges of the Xuhui court were beset by such a new case. Aunt Liu from the "cattle Gang" APP orders, to provide customers with cleaning services. She has a basic salary of 4000 yuan a month. When she joined the office, she also trained. The more the platform was sent, the more she received. However, the platform only signed a cooperation agreement with her, indicating that it did not exist. Labor relations 。 After some time, Aunt Liu sued the platform to the Xuhui court, demanding that the two sides should have labor relations. Although the case was finally reconciled, it attracted the attention of the judges. "The laborer is full-time, and can not refuse the platform's push order, to accept the platform management. The company's income is also marked" wages ". Is this labor relations?

Such problems not only arouse the attention of the judiciary, but also the authorities are conducting research. According to Tu Kefeng, director of the Labor Relations Department of the Shanghai Municipal Bureau of human resources and social security, the Department of human resources and social affairs has made a thorough exploration of the five major Internet plus sectors, including drip, hungry, American League, Ding Dong District and other companies. "The whole can be divided into two kinds, standard labor relations and non-standard labor relations." recruit and use There are such characteristics as flexible employment, more independent work, more independent labor and more operational harvest. Research shows that there are many problems. "The boundary of employment legal relationship is blurred and can not adapt to the development of the new situation." Tu Ke Feng said that the existing insurance policy does not adapt to the new changes. "For example, the social security platform we provide to freelancers is limited to the residents of this city before it can participate, which limits the protection of the rights and interests of many Internet practitioners."

Tu Ke Feng revealed that at present, the competent authorities have some ideas in policy, but no conclusion has been reached yet. He pointed out that we should respect the market and avoid extensive labor relations across the board in the vigorous development stage of the Internet. Labor relations are a double-edged sword. It is easy to take all the guarantees and get rid of them again. The boundary of legal relationship between different employment forms should be clear, and policy guidance should be strengthened. In addition, we should expand the scope of non-standard labor relations and classify and use different legal standards.

"In order to investigate Internet plus In the past few years, one of our staff members was "undercover" recruited as a part-time takeaway. It was hard to find little buddies. Huang Qi, deputy director of the Labor Relations Department of the Municipal Federation of trade unions, said that many new formats have been consciously avoiding the traditional management elements and labor relations characteristics of the employing units. How can we protect the rights and interests of this group? Huang Qi said that in the absence of legislation, from the trade union point of view, we can appeal to and remind the legislative and social security departments whether they can provide differentiated protection to the social insurance system and the industrial injury safety guarantee system in the top-level design, while lighten the pressure of the Internet enterprises, and at the same time, give workers the minimum protection.

The housekeepers shared their employment patterns, and they were praised for buying commercial insurance for their aunts. Tu Ke Feng also suggested that the government responsible departments should clarify the basic insurance protection, explore personal injury and long-term security, and balance the immediate interests and long-term interests. Cao Jianming, director of the Municipal Bureau of human resources and social security, said: "at present, there are two main categories of Internet arbitration and employment arbitration to arbitration agencies, one is accident injury, and the other two is the special protection of female workers." He suggested that when settling such arbitration, they could define non standard labor relations beyond labor relations and non labor relations as far as possible, and give industrial injury protection in this respect.

The Municipal Intermediate People's court said that through this seminar, the voices of employment protection institutions, universities and enterprises were heard, which made clear the train of thought for the new labor dispute cases under the action of "Internet +". In the trial, we should recognize that Internet + represents the new direction of development, while safeguarding the legitimate rights and interests of workers, we must also promote the healthy development of new formats. We should enhance the applicability of the law and make full use of respect for the true intention of the parties to balance the interests, promote the effective use of social resources, save space for economic development, and do well in coordinating the protection of the legitimate rights and interests of workers and the promotion of economic development. In addition, we should constantly optimize the concept of adjudication, improve the dispute resolution mechanism, give full play to the role of a diversified dispute resolution mechanism, and strive to build a harmonious labor relationship.

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