系统论视域下平台劳动者劳动权益保护的基本逻辑

新型平台用工方式的多样性和复杂性决定了构建劳动者劳动权益系统性保护的必要。从系统论视角审视,新型平台用工方式冲击了我国传统以劳动关系构建起的劳动者劳动权益保护系统,突出表现为劳动从属性弱化割裂系统整体性,多层嵌套性用工消解系统层次性,内外环境互动渠道受阻影响系统开放性。研究认为,借鉴系统论相关原理,我国平台劳动者劳动权益保护的基本逻辑应遵循三条路径展开：加强系统整体性,推动劳动从属性各要素的优化重组;扩容系统层次性,构筑劳动关系分层分类保护体系;提高系统内外环境开放性,构建政府、平台、工会、平台劳动者等多元协同治理场域。将平台劳动者纳入系统保护中,推动我国劳动者劳动权益保护系统迈向更高层次的动态平衡。     

Migrant Workers or Working Women? Comparing Labour Supply Policies in Post-War Europe

ABSTRACT

Why did some European countries choose migrant labour to expand their labour force in the decades that followed World War II, while others opted for measures to expand female employment via welfare expansion? The paper argues that gender norms and the political strength of the left were important structuring factors in these choices. Female employment required a substantial expansion of state intervention (e.g. childcare; paid maternity leave). Meanwhile, migrant recruitment required minimal public investments, at least in the short term, and preserved traditional gender roles. Using the contrasting cases of Sweden and Switzerland, the article argues that the combination of a weak left (labour unions and social democratic parties) and conservative gender norms fostered the massive expansion of foreign labour and a late development of female labour force participation in Switzerland. In contrast, more progressive gender norms and a strong labour movement put an early end to guest worker programmes in Sweden, and paved the way for policies to promote female labour force participation.     

女大学生就业问题的公共政策选择

我国女大学生就业问题正在呈现出显性化发展态势,政府对女大学生就业提供公共政策支持尤为必要。从目前看,我国已经结束了对女大学生就业提供完全保障性公共政策的时期,而开始了市场经济条件下积极形式公共政策的实践探索。将社会性别视角纳入公共政策的制定过程对于解决女大学生就业问题有着重要的作用。     

公安院校毕业生就业问题探析

大学生就业是目前非常突出的一个社会问题。公安院校大学毕业生能否尽快走上社会,成为自食其力的社会劳动者,既是大学生本人的问题,也是公安院校的生存与发展的重要问题。     

对中国非正规就业发展的探讨

中国非正规就业面临缺乏法律保障和制度支撑、非正规就业劳动关系和劳动制度不规范、城乡劳动力市场的分割成为非正规部门劳动力市场发展的体制性障碍等问题。要从制定系统和长远的非正规就业规划和完善非正规就业方面的立法人手,打破城乡劳动力市场的分割、健全社会保障体系、强化社会服务和增强劳动力培训的针对性和实用性等,积极发展非正规就业,缓解中国城乡就业压力。     

网络直播用工关系的劳动法思考

网络直播行业光鲜亮丽的背后是网络主播寻求劳动法保护基本劳动权益的征途。经纪公司进军网络直播行业的初心也在于该行业用工关系处在劳动法调整的灰色地带,用工成本低且获利大。现行劳动法单一调整模式日益暴露出诸如网络表演用工等非典型劳动关系规范漏洞,加上从属性标准抽象化在演绎推理式的裁判逻辑中拔高了劳动关系认定难度,法院更倾向于用合同法来解决网络直播用工纠纷。为保护网络主播等自治性劳动者的基本劳动权益,今后可以考虑两种立法体例,或是转变劳动法调整模式,采用三分结构增设类似劳动者制度,扩大调整对象,或是保持劳动法体系的稳定,专门制定下位法,规范网络直播用工关系。     

White collars and labour history: the contractual regime in Italy from the Liberal to the Fascist era, 1919–1945

This article aims to re-examine the history of non-manual labour, beginning with an analysis of the evolution of general norms governing the contracts of private sector workers in Italy, from the post-First World War period up until the creation of the fascist corporate system in the 1930s. The starting point is the 1919 law that defined the specific characteristics of white-collar workers, expressed as a bond of trust and delegation on the part of employers, from whom legally established and binding guarantees were issued. These guarantees included the offer of permanent employment and the right to compensation should said employment be terminated. This law was reformed during the fascist era, but continued to influence the collective labour agreements stipulated by unions under the regime, contributing to the sustained social status of white-collar workers, particularly in comparison to manual labourers. This article will highlight the difficulties in applying these standards, and the legal and union disputes they generated, exploring an area rarely discussed by historians, while also, as a case study, scrutinizing the more advanced situation of employees in the banking sector – a sector which, from a regulatory and contractual point of view, represented the white-collar élite, as it would continue to do for a long time after the Second World War.     

Addressing Information Needs in Employment Services Provision in Italy: The Role of Codesign Networks

This article examines how coproduction can contribute to information quality in support of labor-market decision-making. Data was gathered on different types of Labor Market Intelligence (LMI) as decision-support systems for stakeholders, and subsequently by analyzing a specific program, with a focus on the role of information within its coproduction process. Results confirm the importance of information systems to support employment services design, but highlight the limitations of existing channels, and outline the types of information needed for policy effectiveness: those that are gathered through continuous relations with employers and jobseekers, and that often derive from participation in policy networks.     

Negotiating a New Social Contract for Work: An Online,Distributed Approach

A massive open online course (MOOC) entitled “Shaping the Future of Work” (offered through MITx, the Massachusetts Institute of Technology's online learning division) has been the context for a multiparty simulation designed to produce classroom negotiation results that will have social impacts. After running the course in the MOOC context three times and in face‐to‐face settings eight times, we noticed that key themes emerged. Participants have brought their own workforce perspectives to their simulation roles as employers, worker representatives, elected officials, and educators. They have called for reciprocal agreements centered on fair treatment and representation in the workplace, improved organizational performance, investments in skills and capabilities, aligned rewards and benefits for workers, and work–life balance in communities. We continue to use the simulation in the classroom and are exploring ways to expand its use. In the meantime, in this article, we discuss how the insights gleaned from this simulation could be used to crystallize and advance a new social contract at a time when the public policies, institutions, and organizational practices governing employment relations have not kept up with the dramatic changes taking place in the workforce, nature of work, and overall economy.