关于共享经济平台网约工劳动权益保障的研究

A Study of the Labor Rights and Interests Protection of Net Contract Workers of the Shared Economy Platform

摘要:

共享经济平台网约工已经成为一支规模巨大的新生就业群体。作为新就业形态的代表，其明显 表现出核心生产工具新、就业形式新、与服务平台的就业关系新的新特征。该群体主要由直营工、众包工和第 三方用工组成，其劳动权益实现出现明显分层，其中直营工最好、众包工较差。网约工整体面临五大突出问题： 安全风险高、保障低，劳动收入不稳定、没保障，社会保险保障差，劳动合同签订率低，缺少有效话语权。制 约网约工劳动权益的因素复杂，既有法律法规滞后性因素，又有有法不依、执法不严的因素，还有新技术、新业态、 新模式带来的新问题等。为更好地维护网约工合法权益，研究建议：相关部门进一步稳妥处理“包容”与“审慎” 之间的关系，加大执法检查和监督，制定完善相关法律法规和规章制度，强化平台企业的法律责任，工会组织 将相关网约工组织起来、切实维权服务。

Abstract:

As representatives of the new employment form of the shared economy platform, net contract workers have become a large-scale new employment group, presenting new characteristics of new core production tools, new forms of employment, and new employment relationship with the service platform. This group is mainly composed of workers, mass contractors, and third-party workers. Thus, their labor rights and interests are obviously layered. Workers are the best, while mass contractors are poor. Net contract workers as a whole are faced with five highlighted problems: high safety risk and low security, unstable labor income and no security, poor social security, low labor contract signing rate, and lack of effective voice. However, the factors restricting the labor rights and interests of net contract workers are complex, such as the lag of laws and regulations, and factors of non-compliance with the law, the lax enforcement of the law as well as the new problems brought about by the new technology, new business types and new models, etc. Therefore, relevant government departments should further handle the relationship between "tolerance" and "prudence", increase law enforcement inspection and supervision, formulate and improve relevant laws, regulations and rules, and strengthen the legal responsibility of platform enterprises. Furthermore, trade unions organizations should also organize relevant net contract workers and earnestly safeguard their rights and interests.