我国涉网约工类新就业形态劳动争议问题研究

随着数字经济的飞速发展,网约用工模式越来越普遍,我国涉网约工劳动争议日益凸显,已成为影响劳动关系和谐的突出新问题之一。网约用工因其保留了一定的劳动关系特征,又与劳务关系、承揽关系等民事法律关系具有一定的相似性,加上相关法律法规滞后和电子证据适用较难,以及网约工群体的规模性和劳动方式的相似性等原因,使涉网约工劳动争议与传统劳动争议相比,具有争议焦点新、涉案主体多、争议解决难、社会影响大等典型特征。为促进劳动关系和谐稳定和数字经济的持续健康发展,本研究建议:各级党政、互联网平台及关联用工企业、相关行业协会、网约工及工会组织共同参与,科学合理化解矛盾,形成共建共享共治、高效化解相关劳动争议的新格局。

Research on Labor Disputes of New Employment Forms of Internet-relatedJobs in China

With the rapid development of the digital economy, the online employment model has become increasingly popular. Labor disputes involving online appointments in our country have become seriously prominent and have become one of the new urgent issues affecting the harmony of labor relations. Compared with traditional labor disputes, labor disputes involving online contractors, due to its retention of certain characteristics of labor relations,similarities of online appointments with civil legal relations such as labor relations and contracting relations in addition to related laws and regulations lagging behind, the challenging application of electronic evidence, its size of the online appointment group and the similarity of its labor mode as well,have typical characteristics such as new dispute focus, more subjects involved, difficulty in dispute resolution, and large social impacts,etc. To promote the harmony and stability of labor relations and the sustainable and healthy development of the digital economy, this research suggests that, to resolve contradictions scientifically and rationally, all the organizations of party and the government at all levels, internet platforms and related labor companies, related industry associations, online workers and trade unions jointly participate, and form a new pattern of mutual building and sharing as well as co-governance to effectively resolve related labor disputes.