Reflection on and Response to Collective Bargaining Mechanisms in Platform-Based Employment Models——From the Perspective of Collective Bargaining Rights
The rise of new quality productive forces has profoundly impacted the transformation of employment models.Workers in emerging employment forms,which rely on digital platforms,have become a vital component of China's labor market.Due to the unique characteristics of this group,such as the trend toward"self-labor"in the context of data-driven assets and the loss of collective identity under individual interest diversification,the protection of the rights and interests of this group under the threshold of individual labor law has fallen into a vacuum.The application of collective bargaining mechanisms presents a new approach to addressing this issue.However,the lack of empowerment,the transformation of rights and obligations among stakeholders,the weakening of representation,and the distortion of the system's applicability have undermined the effectiveness of the collective bargaining system.The future construction of a collective bargaining system for workers in new forms of employment should aim to transcend individual labor relations by realizing the collective bargaining rights as human rights attributes within a perspective of correcting imbalanced interests.This can be achieved through clarification of the stakeholders of rights and obligations in collective bargaining,guaranteeing representation under statutory procedures,and promoting the phased implementation of collective bargaining to optimize the system paradigm.
workers in new employment formscollective bargaining systemcollective bargaining rightscollective labor rights