平台经济下就业新形态劳动者的权益保障研究

Research on the Protection of Labor Rights and Interests of Workers in the New Employment Forms under the Platform Economy

摘要: 新就业形态灵活性、数字控制化的特点，其从业人员面临着劳动关系认定难等严峻问题，不利于从业人员劳动权益保障。本文基于M市政府收集二手数据，以分析新就业形态劳动者权益保障现状，通过立法、执法、司法等视角，发现存在法律法规较为宏观、传统从属性理论难以适用等问题，本文从立法层面提出要细化各项权益保障规定、落实各个具体行业法律规范、细化监管制度的举措，在司法层面，提出了简化诉讼流程、细化从属性理论指标等举措，以期为新就业形态的健康发展提供理论借鉴和实践意义。

Abstract: The new employment form is developing rapidly with the characteristics of flexibility and digital control. However, practitioners in the new employment form are facing severe problems such as difficulty in determining labor relations, which is not conducive to the protection of their labor rights and interests. This paper starts from the current situation of labor rights protection for workers in the new employment form in City M. From the perspectives of legislation, law enforcement and judicature, it is found that there are problems such as macro-level laws and regulations, and the difficulty in applying the traditional subordination theory. In response to these problems, this paper proposes measures from the legislative level, including refining various regulations on rights and interests protection, implementing legal norms for specific industries, and refining regulatory systems. At the judicial level, it suggests simplifying litigation procedures and refining the indicators of the subordination theory, so as to provide theoretical reference and practical significance for the healthy development of the new employment form.