Law and Common Prosperity Series
Labor Rights and Insurance for Gig Workers
2021年10月6日 12:30 – 14:00
October 6th, 2021, 12:30 – 14:00
Zoom to be conducted in Putonghua
2021年年中，人社部等部委密集頒發了一系列規制平台用工的指導意見。 切實維護新就業形態勞動者勞動保障權益與促進平台經濟規範健康持續發展將作為相關領域立法和政策的基本導向。 符合確立勞動關係情形的新業態勞動者納入勞動法的保障範圍; 不完全符合確立勞動關係情形，但是接受平台企業勞動管理的也將受到勞動法的部分保障，享有勞動者的部分權益。 這些權益包括公平就業權、最低工資和工資支付保障權、休息休假權、職業安全衛生與保障權、社會保險權、集體協商權。 就此在理論上，勞動法上的權益主體突破了勞動者的範圍，延伸到了不完全符合勞動關係特徵的新業態群體。 應當從人格從屬性和經濟從屬性對應的勞動權益入手，重新認識勞動權益立法的根本目的。 並在此基礎上，構建平台經濟時代的勞動和社會保險法律體系。
In mid-2021, the Ministry of Human Resources and Social Security and other ministries issued a voluminous series of guidance and opinions on the regulation of employment in the platform economy. Effectively safeguarding the labor rights and interests of workers in novel forms of employment, and promoting the healthy and sustainable development of the platform economy will inform the direction of legislation and policies in this area. Those with employment relationships in the new economy are included in the scope of its protection; those who do not fully satisfy the criteria necessary for establishing an employee relationship, but are nevertheless supervised by platforms will also enjoy part of the rights and interests guaranteed by labor law. These rights include the right to fair employment, minimum wage and wage payment, rest and vacation, occupational safety and health protection, social insurance, and the right to collective bargaining.
Theoretically speaking, the corpus of rights in labor law has undergone a breakthrough as its scope widens to include new business groups that do not fully conform to the features of traditional labor relationships. An examination of the intersection between personal preferences and economic dependencies as they relate to labor rights should serve as a natural starting point to reevaluate our understanding of the fundamental goal of labor protection and on this basis, build a labor and social protection system in the age of the platform economy.
婁宇，法學博士，經濟學博士後。 中國政法大學民商經濟法學院教授，社會法研究所所長。 主要研究領域為勞動和社會保障法律與公共政策。 近年來主要關注平台用工的法律監管與規制。 目前主持國家社科基金重點項目「平台經濟靈活就業人員社會保險法律制度構建研究」。
Professor of the School of Civil, Commercial and Economic Law, China University of Political Science and Law, and Director of the Institute of Social Law. His research focuses on labor, social security law, and public policy. In recent years, his main focus has been on the legal supervision and regulation of platform employment. Currently presides over a key project in conjunction with the National Social Science Fund “Research on the Construction of the Social Security Legal Regime for Gig-Workers in the Platform Economy”.
Xuduo Meng received his Ph.D. in economics and is a senior researcher focused on Meituan’s legal policy. his main research areas are platform employment, the labour market, labour relations and labour law. In recent years, he has integrated his research with corporate practices, actively promoted the development of Chinese platform employment and new employment patterns, and participated in the exploration of new platform employment relations and labor security measures within the Chinese context.
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