"China Sharing Economic Development Report (2022)" released by the National Information Center shows that from the development trend of shared services，2021 online takeaway income accounted for about 21.4%，increased by 4.5 percentage points year -on -year; the proportion of online car passenger volume accounted for about 31.9%。Although the flexibility reflected in the new employment form under the sharing economy platform、Puttering features are more typical，and this typical features make this group grow up，But the impact brought by its traditional employment form and the challenges brought to relevant laws and regulations huge，New employment form workers' rights protection issues are increasingly prominent。

First，Insufficient coverage of current laws and regulations。Since 1995 and 2008, my country has implemented the Labor Law and the Labor Contract Law，And has been in use so far。They are mainly established with traditional labor relations as the basic framework，On the one hand，How to define the relationship between workers and employers and employers in the new employment form，Lack of corresponding clear specifications。Compared with the traditional employment mode，Labor and employment mode in the field of new employment form is more loose、Elastic、Flexible，New employment form workers and platform companies are more diverse、Complex、Variable。The current law is just a temporary worker for employment mode for non -standard labor relations、Apprentices、Non -full -time workers、Labor dispatch workers, etc., have made more comprehensive regulations，But no law and regulations can be accurately applied to the employment mode in the new employment bet365 live casino games form。On the other hand，The current laws and regulations are not set up specifically for the protection of rights and interests specifically for new employment.，This also causes them when their rights and interests are threatened and damaged，Difficulty in defending rights，Cumbersome and complicated rights protection steps。For example, the driver of the Internet car、Takeaway delivery staff, etc. workers who rely on the network platform，It has significant autonomous selectivity in the commuting time and workload，They rarely sign labor contracts with platform companies，It has not established a labor relationship that meets the traditional standards，Platform companies will not pay social security for them，When the worker suffers from illness or causes injury due to risk accidents,，Difficulties in proof of standard labor relations when proof of standard labor relations，It is difficult to protect its own occupational safety and other rights。

2，Judicial referee standards are not uniform。Current，Traditional employment model is still the mainstream of labor relations in my country，and the new employment form is novel in terms of characteristics than the traditional employment mode、Unique，Make the referee concept in judicial practice、Standard、The scale is not uniform，Especially the inconsistency of the relief standard，The results of the referee given in the same situation are different。The root cause，On the one hand, the choice of applicable department law is inconsistent，Involved between workers and employers，Labor law and civil law have corresponding adjustment content，and the protection of equity between labor law and civil law is different。Labor law follows the principle of tilt protection，The employer and the workers，more preferred to protect the rights and interests of workers; and civil law follows fairness、Equality bet365 live casino games Principles，It rarely occurs between the employer and the workers.。On the other hand，The legal theoretical basis of different judges、Value orientation、Practical experience and other differences，And the judge itself has free tailoring，Protection of the rights and interests of workers in the new employment form、range、Standards, etc. cannot form a unified consensus，It will also lead to the deviation of the referee results。Traditional judicial referee concepts only recognize objective facts for any employment form，That is "existence of labor relationship" or "no labor relationship"。and the new employment form is very different from it，Only use the labor relationship as the identification standard，Facitive guarantee of the rights and interests of workers in the new employment form，Urgently need to update legal thinking。

third，The social security mechanism is incomplete。New employment form workers' insurance ratio is significantly lower than on -the -job employees，Among them, participating in pension、The proportion of medical and work injury insurance is lower。Reasons for the reason，First, some platform companies to avoid employment risks、Reduce labor cost，deliberately avoiding labor contracts，Sign only a labor contract、Cooperation Agreement and other civil contracts，Some also recruit through third -party outsourcing companies，layers of outsourcing make the labor relationship complexity，and generally do not admit that there is a labor relationship with the new employment form workers，I will not pay social insurance for it。Second, the new employment form workers can participate in the insurance as flexible employees，But the "Housing Provident Fund" in "Five Insurance and One Gold" cannot be paid in the name of personal name。Third, even if you participate in the insurance as flexible employees，It will also face the barriers of the household registration system，If foreign household registration cannot participate in Beijing's social security bet365 best casino games in Beijing，Most of the new employment form workers group is employment in different places。Fourth is the lack of understanding of social insurance for some workers，Few consciousness of active payment，Some workers do not understand how to pay。The imperfection of the social security mechanism makes the rights and interests of new employment workers' rights more difficult: when the employer is unemployed, the employer will not compensate it，Do not have the conditions and standards for receiving unemployment insurance; when accidental injury during work，The identification of the responsible subject is also more difficult，Not to meet the standard of work injury，It can only ask the employer or a third party to ask the employer or a third party to ask for the corresponding economic compensation under the specification of civil law，The relevant provisions of the Civil Law on compensation are far from the labor law，Can't provide more effective rights protection for new employment form workers。

In view of this，First，Maintaining the legitimate rights and regulations that need to safeguard the legitimate rights and interests of the workers provide institutional protection，The determination of the labor relationship is the key factor。The employment relationship between the new employment form workers and the platform enterprise broke the "support" feature of workers in the traditional employment relationship，"Flexibility、Autonomy "features highlight。For this，The formulation of relevant laws should also be treated with flexibility、Diversified non -traditional labor relations make timely adjustments and improvement，Establishing a new standard of labor relationship identification for judicial。Urgently needs to be targeted in the Labor Law and the Labor Contract Law，The criteria for identifying the dual characteristics of personality and economic bet365 Play online games subsequent attributes in judicial practice as the identification criteria of the substantive labor relationship as appropriate to be based on the characteristics of a single personality.、Comprehensive consideration of the identification criteria for other factors。July 16, 2021，The "Guiding Opinions on Maintaining the Rights and Interests of Labor Insurance of Labor Protection for New Employment Forms" jointly issued by the eight ministries and commissions of the Ministry of Human Resources and Social Security "，Basically cover the employment situation of workers in the new employment form，At present, I need to raise this departmental rules to the level of legal position，To enhance its legal effect。

Next，my country's current social security mechanism has a lower coverage of new employment workers。The government can set up a special social security fund system for new employment workers，In order to increase their willingness to participate in insurance and insurance ability。Social security mechanism can promote "online social security"，Pay directly through personal account，Breaking the traditional practice of paying part of the social insurance for a single rigid unit，Let the whole people enjoy the right to pay equal payment of social insurance，And can enjoy the same social security as workers as workers in traditional employment，To build everyone can participate、Everyone can enjoy the people -centered fair、Sustainable social security system lays the foundation。

Last，Give full play to the positive role of the union。Trade Union is the spokesperson for employees，Affairs to safeguard the legitimate rights and interests of employees、The basic responsibility of serving the employee is devoted to。One，Trade unions should attach great importance to the issue of the new employment form workers entering the meeting，Promote the formulation and introduction of related documents，Guide bet365 best casino games and standardize the establishment of the organizational organization of the platform and the issue of the new employment form workers enter the meeting，Actively promote the establishment of the union organization of key industries in accordance with the law，Actively promote the establishment of the union organization of key industries in accordance with the law、Courier、The construction of the conference to enter the club for takeaway delivery staff，If you build a separate meeting、United Construction Club、Industry Construction Association, etc.，Further enhances the enthusiasm of the new employment form workers' enthusiasm，Expand the coverage of the union organization。Its two，Give full play to the industry、The functions of the industry or local unions，related industries involved in the new employment form、Order allocation in the industry and region、Draw a proportion、Labor quota、The platform enters or exits rules、Working hours、reward and punishment system and other questions，Related trade union organizations must be with industry associations、Corporate representative organizations, etc. to conduct positive equal negotiation or democracy，Whether the platform enterprise complies with laws and regulations。Its three，You can pass through the industry (region) employee congress、Labor -funded talks, etc. to fully collect the opinions of the workers、Communicate the opinions of both parties to the labor and management，Democratic management implementation form suitable for its group characteristics and actual situation，Provides practical guarantees for maintaining the democratic political rights of the new employment form.。Four，Pay attention to the quality and ability construction of workers in the new employment form，The actual needs of the labor group with the new employment form、Professional characteristics, etc.，Actively organize vocational education、training in the aspect of job skills、Labor Competition and Legal Propaganda Education，Bet365 app download Effectively improve the overall professional quality of the new employment form workers、Awareness and ability。

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