新业态零工经济从业者离线权的证成与实现

Justification and Realization of the Right to Disconnect for Gig Economy Workers in New Forms of Employment

摘要: 离线权作为数字时代平衡算法控制与劳动自主性的新型权利，其核心是赋予零工经济从业者在非工作时间拒绝数字工作联络的自由，是传统休息权在数字空间的延伸，兼具人格权与劳动权的双重法律属性。离线权的正当性既根植于数字人权的内在价值内核，也契合社会共同善转型的外在制度需求。当前我国零工经济从业者离线权的实现面临工时认定模糊、算法规训隐蔽、劳动关系认定困难、救济机制不足等多重阻碍，需通过解释论与立法论协同的渐进式路径，构建公私法协同、多主体参与的权利保障体系。

Abstract: The right to disconnect, as a new right in the digital era that balances algorithmic control and labor autonomy, fundamentally grants gig economy workers the freedom to refuse digital work-related communication during non-working hours. It is an extension of the traditional right to rest in the digital space and possesses dual legal attributes of both personality rights and labor rights. The legitimacy of the right to disconnect is rooted not only in the intrinsic value of digital human rights but also aligns with the external institutional demands of transitioning toward the common good in society. Currently, the realization of the right to disconnect for gig economy workers in China faces multiple obstacles, including ambiguous working hour definitions, covert algorithmic discipline, difficulties in identifying labor relationships, and insufficient relief mechanisms. To address these challenges, a gradual approach combining interpretative and legislative measures is required to establish a rights protection system involving coordinated public and private laws and multi-stakeholder participation.