Building a Unified and Diverse Negotiation System:The Dilemmas and Countermeasures of Labor Relationship Negotiation and Dialogue Mechanism Under Platform Employment Mode
The implementation of the newly revised Trade Union Law and related policies has confirmed that China's negotiation and dialogue mechanism will become one of the important means to adjust labor issues in the field of platform employment at the legal regulatory level.At the same time,achieving"platform algorithm centering"through collective bargaining has become an important policy goal.However,due to the characteristics of"de unitization",scattered distribution of workers,and digitalization of work environment in the platform employment model,the traditional negotiation system based on the traditional employment model is facing application difficulties.Firstly,it is hard to determine the"employer"among the subjects of collective negotiation.Secondly,the scattered distribution of workers makes it easy for negotiations to become imbalanced.Thirdly,the foundation of the negotiation and dialogue mechanism is weak.To ensure the effective exercise of the platform negotiation and dialogue mechanism,China should rely on the existing collective contract system and build a comprehensive and diverse negotiation system to adapt to the policy changes and practical needs of protecting the rights and interests of workers in new forms of employment.Firstly,expand the extension of"employers"in collective labor regulations;Secondly,the principle of balance should be introduced,and a specialized hierarchical negotiation system is established for platform enterprises.Thirdly,based on the traditional collective contract system,a negotiation and dialogue mechanism involving multiple parties such as the government,trade unions,and industry associations is introduced to improve the selection of negotiation representatives,expression of demands,and negotiation methods to adapt to the digital work environment.Finally,promote the platform employment negotiation and dialogue mechanism to enter the path of standardization and institutionalization as soon as possible.
Platform EmploymentConsultation and DialogueBalance of NegotiationSubject of Negotiation
NETL
NSTL
万方数据
维普
