Abstract
This paper intends to sort out the provisions of China's current laws and regulations on the protection of workers' rights and interests, and summarizes the particularities of the relationship between platforms and workers in the platform economy. Eventually, puts forward a set of legislative suggestions covering both the identification of workers' status and the protection of their rights and interests. This paper conducts normative analysis, empirical analysis, case analysis and other methods to explore the rights and interests' protection of workers, that are in line with China's national conditions. This pa per reveals that in the context of the continuous development of Internet technology and digital economy, platform economy continues to develop and expand, deriving new employment relations. Platform economy not only creates jobs and promotes economic development, but also exposes problems such as disorderly expansion of capital, data security risks and confusion of labor relations. At the same time, in the existing legal system design and judicial practice, there are also some problems, such as outdated system design of labor relationship identification standards, and inconsistent understanding of the employment relationship between online contract delivery personnel and the platform by courts at a II levels. In order to construct gradient legal relationship and realize dynamic judicial adjustment, we should distinguish full-time and part-time delivery clerks on the basis of the existing dichotomy system of labor, and explore the path of reconstruction of identification standard from three aspects: composition of labor affiliation, self-consistency and emphasis. On the basis of clarifying the relationship between rights and obligations of all parties, China should bring part of new forms of business practitioners into the scope of labor law adjustment, and pay attention to the legal protection of their constitutional basic rights, the right of compensation for work-related injury and the right of security. In addition, the establishment of a comprehensive regulatory framework by strengthening the platform's self-discipline and national daily supervision is of great significance to the protection of labor rights and interests of online delivery clerks, the realization of higher quality employment, and the maintenance of social stability, equity and justice. The value of this paper to the theory is that, it clears the fog of diversity on the surface of platform employment, clarifies the essential characteristics of labor relations in the platform economy, and thus establishes the standard of workers' identity recognition.