论新就业形态劳动者的劳动从属性

Labor Dependence of Workers in New Forms of Employment

摘要: 所谓新就业形态劳动者，是指依托互联网平台就业的劳动者。对于新就业形态劳动者是否属于劳动法意义的劳动者，有中间态劳动者说、传统劳动者说两种观点。本文试图通过法社会学视角，使用社会学学科对新就业形态劳动者劳动过程的研究成果，就新就业形态劳动者的法律地位进行分析，主张新就业形态劳动者需要受到与传统劳动者相同力度的保护，否则将在许多劳动用工领域掀起“去劳动关系化”的浪潮。

Abstract: The so-called new forms of employment refer to workers who obtain employment through internet platforms. There are two different views on whether new forms of employment workers belong to workers with labor law significance: the intermediate worker theory and the traditional worker theory. This paper attempts to analyze the legal status of these new forms of employment from a perspective of legal sociology, utilizing the research achievements of the discipline of sociology on the labor process of these workers. It argues that new forms of employment should receive the same level of protection as traditional workers, otherwise it may lead to a wave of “delabor relationship” in many areas of employment.