平臺用工勞動權益保護的立法進路

我國互聯網平臺工人數量多達數千萬，且增長迅速。平臺工人面臨身份不明確、工作時間長、收入不穩定、職業傷害保障缺失、算法運行不合理等突出問題。由於平臺用工的特殊性，現有勞動法及其司法實踐難以為平臺工人提供有效保護。近年來，越來越多的國家，包括美國、法國、意大利等對平臺工人進行了專門立法。我國有必要出臺平臺工人權益保護專門立法。平臺工人權益保護立法的基本思路是確保符合“勞動者”標準的工人得到勞動法保護，並為一般平臺工人提供基本勞動權益保障。立法應通過勞動關係舉證責任轉移規則，使平臺工人身份得到正確歸類。平臺工人的基本權益內容應根據所有工人應享有的基本權益、平臺用工的靈活性以及平臺主要依靠算法運行的特點而設計，應賦予平臺工人平等就業、職業安全衛生、工資、工時、加入工會和集體協商等方面的權利，以及與算法相關的權利。

"There are as many as tens of millions of online platform workers in China and their number is growing rapidly. At the same time, platform workers face serious problems, such as unclear legal status, long working hours, unstable income, lack of occupational injury protection, and unreasonable algorithm management. Due to the particularity of platform work, it is difficult for existing labor laws and judicial practices to provide effective protection for platform workers. In recent years, more and more countries, including the United States, France and Italy, have introduced special legislation for platform Workers. Similar legislation also needs to be adopted by China. The basic idea of legislation on platform workers is to ensure that all those who qualify as employees are protected by the labour law and to provide basic labour rights protection to all platform workers. China should introduce through legislation the rule of shift of burden of proof in employment relationship, so that the legal status of platform workers can be correctly classified. The content of the basic rights and interests of platform workers should be designed in light of the basic rights that all workers should enjoy, the flexibility of platform workers, and the particularity of the platform, namely its main reliance on algorithmic operation. Platform workers should be given the rights related to equal employment, occupational safety and health, wage, working hour, union membership and collective bargaining, as well as rights related to algorithms, etc."