The Refined Protection of Platform Workforce under Corporate Social Responsibility—An Examination Based on the Food Delivery Industry in China
The intervention of Corporate Social Responsibility(CSR)can facilitate the attainment of nuanced protection for platform labor.In China's efforts to integrate its real economy and digital economy,the labor protection frameworks fail to adequately recognize the value of workers'data contributions,leading to a pronounced market failure.In the context of digital productivity,workers provide labor production factors for enterprises and also provide data factors,thus changing the original production relations.Platform companies do not provide fair compensation to data producers when acquiring data,which is detrimental to the sustainable development of the delivery industry.The statistical analysis of judicial cases concerning labor relations reveals that protections afforded by conventional labor legal relations are marred by a high degree of uncertainty,and these traditional labor legal frameworks fall short of meeting the imperatives of digital productivity.The impetus for CSR engagement in labor protection stems from the distinct differences between delivery workers and traditional employees,with conventional labor relations are not applicable to the new production relations with digital productivity.The pivotal role of the data element in delineating the scope of a platform enterprise's CSR is underscored.The contribution of data elements demarcates the real economy from the digital economy,propelling the development of digital productive forces and fundamentally reshaping production relations,thereby necessitating a redefinition of legal relationships.When the law regards workers as equal counterparts to employers under the Civil Code,the data produced during their labor ceases to be an internal production factor for the company and instead warrants independent remuneration.Conversely,classifying digital laborers as integral to the production organization means their data accumulation is merely an internal production factor,absolving the platform of the need for additional compensation.Drawing on the Civil Code and labor legal frameworks,CSR can effectively establish a moral and supervisory architecture,fostering the legal evolution of CSR and facilitating its coordination with labor and civil laws.By examining the varying degrees of difficulty for workers to exit or join the platform based on differing labor durations,a partial equilibrium analysis framework is proposed.Delivery platform workers are categorized into contract-based delivery workers,interest-related,full-time delivery workers,and full-time delivery workers under enhanced protection,with each category corresponding to civil,corporate social,and labor legal liabilities are applied to each category.
Corporate social responsibilityDigital economyData elementsLabor relations
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