具身智能发展中新就业形态劳动者休息权法律保护研究

Legal Protection of Right to Rest for Workers in New Employment Forms in the Development of Embodied Intelligence

摘要: 数字时代，劳动形态的变化导致休息权的行使面临严峻挑战。算法主导的新型用工关系中的资本控制进一步渗透以及加班文化的蔓延，正在加剧劳资关系失衡。现行休息权保障体系根植于传统劳动关系，已无法适应日益多元化的就业形态，致使新就业形态劳动者休息权面临困境。现行的工时制度界定模糊且缺乏灵活性，易造成工作时间的无序扩张；而平台借助算法实施任务调配与绩效监控形成隐性的劳动压力，持续加重新就业形态劳动者的工作负荷。面对制度与实践的脱节需要从法理层面论证新就业形态劳动者休息权的正当性，并构建系统化的保障体系。其中在法律层面应明确其休息权主体地位，同时构建契合新型用工特征的工时规范，完善算法审查与监管机制；还要推动建立适应数字劳动特点的工会组织以提升劳动者集体协商能力，以期在具身智能发展中为新就业群体休息权构建有效路径。

Abstract: In the digital age, changes in the nature of work have led to serious challenges in exercising the right to rest. In the algorithmic employment model, the control of capital is becoming stronger and stronger, coupled with the prevalence of overtime, which makes the status gap between workers and enterprises become larger. At present, the relevant systems for the protection of the right to rest are designed according to the traditional labor relations, which can not adapt to the increasingly diverse forms of employment, resulting in workers in a disadvantageous position under the new form of employment. The existing regulations on working hours are not only unclear but also lack flexibility, which leads to the unlimited extension of working hours. At the same time, the platform relies on algorithms to allocate work tasks and monitor work performance, which brings invisible pressure to workers and makes the workload of such workers heavier and heavier. To solve the problem of the disconnection between the system and the actual situation, it is necessary to clarify the right to rest of workers in the new employment form from the legal level and build a complete protection system. In terms of legislation, on the one hand, it is necessary to clarify the subject status of such workers’ rights, formulate working hour rules in line with the characteristics of new employment, and improve the review and supervision mechanism of the algorithm; On the other hand, it is also crucial to establish trade union organizations that adapt to the characteristics of labor in the digital era so as to enhance the collective negotiation ability of workers and find effective ways to protect the right to rest in the employment changes brought about by technological changes.