互联网平台用工随移动网络技术在世界范围内兴起后,中国凭借信息基础设施和劳动力资源,已在平台用工的规模和类型上独占鳌头。平台用工也引发了法律争议,主要在于如何定性其法律关系。基于平台用工的多样性,不能一概而论,应根据平台功能不同分为自治型平台和组织型平台,采取相应的监管措施。对于具有创新性的用工形态,不能生搬硬套地适用现有的劳动法规范,而应以面向数字时代的眼光制订规则,根据平台用工的特点予以分类调整。当前制度建设的重点是平台用工职业伤害保障制度,同时须强化政府监管,科学界定平台责任,有效控制平台用工产生的社会风险。
<<Since the world-wide rise of Internet platform employment along with the rapid development of mobile network technology,China,by relying on its information infrastructure and labor resource,has taken a leading position in the world in platform employment in terms of its scale and type. Meanwhile,platform employment has also led to legal disputes in China over such issues as how to determine the nature of the legal relations in this new form of employment. In view of the diversity of platform employment,we should not make a generalized conclusion on this issue,but divide platform employment into two categories according to their functions:autonomous platforms and organizational platforms,and accordingly take different regulatory measures. With respect to this innovative mode of employment,China should not mechanically apply the existing labor law norms,but adopt new norms with the vision of the digital age,and classify and adjust different forms of platform employment according to their characteristics. In the current institutional building,China should focus on the construction of a platform work-related injury insurance system,while at the same time strengthen government regulation,scientifically define platform responsibilities,and effectively control the social risks of platform employment.
<<Keywords: | Labor LawSocial RisksPlatform EmploymentInsurance against Work-Related InjuriesPlatform Liability |