According to the latest announcement of the 9th national employee team status survey results，At present, the number of employees across the country reached 402 million，Among them, the new employment form workers have 84 million。Whether it is the number of crowds、The proportion of workers is still in terms of growth rate，New employment form workers' equity protection is a problem that has become increasingly important and attracted much attention in recent years。Based on many years of discussion，Eight departments such as the Ministry of Human Resources and Social Security issued the "Guiding Opinions on Maintaining the Rights and Interests of Labor Insurance of Labor Insurance in the New Employment" (hereinafter referred to as "Opinions")，"Opinions", on the one hand, introduced the form of employment relationship in addition to the labor relationship in addition to the labor relationship and civil relations，and by loading the rights and interests of workers by loading the rights and interests of workers for non -labor relations，The problem of solving "not the labor relationship but not being able to enjoy it"。On the other hand, the process of splitting and dispeling the labor process for platform employment，Phenomenon of Organization，Introduction to outsourcing employment、Displaying a working hours platform enterprise and outsourcing enterprise、The responsibility of the dispatch unit sharing the idea，Solve the problem of responsibility sharing when there are third -party intervention。But，Adjustment of new employment form employment relationships as a market economy phenomenon，It is inadequate from the perspective of labor protection。"Opinions" clearly requires "Incorporate the protection of workers into the digital economy collaborative governance system"，This is a often ignored idea。

　Bet365 app download

Legal adjustment of the market allocation of labor resources is the general bet365 Play online games rule of the market economy。From the perspective of historical development，It is because of the special characteristics of labor，General law in the market economy，For example, civil law、Insufficient competition laws，Only need to protect the workers through the labor law。Labor law is not a law to replace other market economies，Instead, it is necessary to correct and supplement it。According to this logic，The problem of workers is never just a matter of labor law; the rules of labor law have never been "independent kingdom"，but run under the general system of the market economy。Therefore，In the traditional labor law，On the one hand, it needs to be from labor relations、Labor relationship、Labor relations such as labor market considerations Considering the legal adjustment of labor market，On the other hand, you need to consider civil law、The role of competition method, etc. on the adjustment of the employment relationship。

In the digital age，Diversity of employment relationships、Flexible、Organization、Dest -labor relations and other features，The side of the market allocation of labor resources is even more prominent，It is even more needed to return to the general legal system of the market economy，From the perspective of digital economy collaborative governance, consider the problem of the protection of the rights and interests of the new employment form workers。Therefore，The system and thinking of the labor law are in the position of the guarantee，is a kind of idea of ​​solving problems at the end，The laws of other market economies are in the position of optimizing industrial and market order，Is a kind of idea of ​​solving problems in the front end。Combination of source governance and bottom protection，Only to better realize the balance of the order of the industry's orderly development and the protection of the rights of workers in the new employment form。

　General Rules for Market Economy: Maybe and limit

The idea of ​​the so -called general rules of the market economy is the idea of ​​transaction and competition，Publicly、The rules of transparent bet365 live casino games and free choice and competition realize the configuration of the rights and obligations between the parties。In fact，The rules of behavior around information are also part of the general rules of the market economy。

First，Give full play to the market competition mechanism。On the one hand，The ability to guarantee the voting of the workers，Eliminate the various restrictions of the workers' free replacement platform，It is forbidden to eliminate the possibility of employment of workers multi -platform employment through the agreement。On the other hand，Rules for the introduction of antitrust and anti -improper competition in moderation，Provide workers with more optional platforms。Actually，Some policies of existing governance platform employment have begun to pay attention to this idea。"Opinions on Strengthening the Protection of the Rights Protection of Persons and Interests of Practitioners in New Capture in Transport" (Jianyunfa [2021] No. 122)，"Strengthening the operation monitoring of the new business operation of transportation，Timely warning monopoly risk，Increase antitrust、Anti -unfair competition supervision and law enforcement force "。"Opinions on the Protection of the Legal Rights and Interests of the Courier Group" (Jiao Post Fa [2021] No. 59) also proposed "investigating and punishing unfair price competition in accordance with the law"。What needs attention is，The advantage of platform employment is the optimization configuration of labor resources in the whole society through a lot of data，This point is easier to achieve through the head of the head，Therefore，It is also necessary to prevent excessive opposition to the concentration of operators。

Next，Personal information protection rules are indispensable。Personal information protection rules not only involve the maintenance of workers' personality rights and interests，It is also a market competition rule。The basic feature of new employment in employment is to manage employment through the Internet platform，Its important reliance is information，Through the processing of massive Bet365 lotto review workers and consumer information，The platform realizes the allocation of labor resources。Prevent harsh management of workers，On the one hand, you can start from the source，Moderate restrictions on the collection and processing of the work information of workers; on the other hand, the right to strengthen the information field of the workers should be strengthened，Give workers more opportunities to eliminate consumer poor reviews and correct other inaccurate employment information through complaints，Avoid the pressure of consumers and other parties such as excessive transmission to the workers。

again，Protecting open and transparent market transaction rules。Market selection is the premise of the openness and transparency of information，Only open and transparent information can ensure the true meaning of the parties。From the current point of view，New employment form employment through layers of contract、Franchise and other methods blurred the main body of employment，Blurred the core rights of workers through unclear and changing commission rules, etc.，In fact, the workers cannot determine their other parties，It is impossible to determine your rights and interests。"Click" contract signing method further deteriorated the possibility of the workers obtaining information and making rational choices。To solve this problem，It is necessary to promote the formation of a clear contract agreement between the parties and the realization of the transparent system of platform transaction rules.。Requirements proposed by the relevant documents proposed by the protection of the rights and interests of workers in the field of governance platforms，System design in this idea。In 2023, the "New Employment Labor Labor Contracts and Written Agreement Establishing Guidelines (Trial)" released by the Ministry of Human Resources and Social Affairs (Trial) (Human Resources and Social Affairs (2023) No. 6) is also a manifestation of this governance thinking。

Last，Introduction Format Contract Rules。The agreement signed by the worker and the platform is a very typical format contract or the so -called "click" contract。Before the use bet365 best casino games of the rules of the labor law，"Civil Code" 496、497、498 reasonable determination of the content of the format contract、Prompt for instructions, as well as invalid rules, and ignore the rules of explanation，There are applicable possibilities in the platform employment agreement。When reviewing the clause of the component formula，If the contract terms of the contract are not consistent with the labor contract and the written agreement recommended by the new employment pattern recommended by the Ministry of Human Resources and Social Affairs，It can be considered as preliminary evidence of lack of rationality，Unless the platform or the employer can prove that there are other reasonable reasons。

　Two paths of labor security ideas and their collaboration

Traditional labor law on maintaining the rights and interests of workers，There are two different paths in the production organization process control and the bottom line of the workers' rights and interests。The former is to limit the production rights of employers through legal force or workers to participate in the employment unit;，For example, specify the longest working hours、Rest time、minimum wage, etc.。The inner logic of these two paths is still applicable in the case of platform use: in various documents on the current platform governance，The idea of ​​the algorithm system is essentially the control of production organization permissions; and about equal employment、Minimum wage、Labor conditions and collective negotiations such as the new business format is the bottom line guarantee。

Specific speaking，Algorithm control should be cautious。In the practice of organizational production，Modern labor law allocates production organization permissions and operating risks to employers。Organization and instructions of the employer and the obligation to obey the instructions and compliance with the rules of the employee is an important standard for identifying the labor relationship。Although in order to protect the rights and interests of the workers，All countries have designed more or less workers to participate in the management system，Restrictions on the authority bet365 live casino games organized by employers，But these cannot change the authority of the production organization in principle.。In the era of digital，When the platform employee "trapped in the system" becomes a consensus，Algorithm regulation、Forbidden the most stringent algorithm, etc. to become the consensus of all parties。but but，This pattern is actually determined by the characteristics of the production organization process control itself in the labor relations regulations，The algorithm represents the right to operate，Carrying complex production and operation needs and business secret protection needs。The control of the algorithm can only be programmed control and rational control，instead of the substantive control of the content of the algorithm。

Organizational production rights unit、Under the premise of limited program control，The perspective of the guarantee of workers' rights and interests has become the focus of modern labor regulations。That is，No matter what kind of production organization method，The possibility of the bottom linear rights and interests of the workers must be guaranteed and the possibility of optimizing the rights and interests of the workers through the collective game。Digital Age，Algorithm control this production organization permissions control is more difficult，The importance of the bottom linear rights of workers and the importance of optimizing the basic rights through collective consultation will be greatly improved。But you need to pay attention，Digital Age Platform Platform Employment Background Labor bottom linear rights guarantee and collective consultation development is not just a direct application of the existing labor law system，More needs to be online and offline according to the platform and the characteristics of multi -platform employment，Special labor benchmark rules and collective negotiation rules design。

To sum up，In the future, we should solve the problem of the rights maintenance of the new employment form workers under the perspective of the digital economy collaborative governance，Establishing a general rules including market economy、Algorithm regulation、Digital employment labor benchmark law and collective negotiation bet365 Play online games system, such as new business formats, such as the maintenance system for the maintenance system。In this system，General rules of the market economy should play the role of source governance，Labor benchmarking law and collective negotiation system to play the function of protection，and algorithm control, although important，But more can only be achieved to the degree of limited participation and rationality control。

(The author is the dean of the School of Labor School of China Labor Relations、Professor)