Release the "dual protection" judicial momentum and activate the vitality of new forms of employment - A research report by the Suzhou Intermediate People's Court on the trial of disputes related to new forms of employment

2023-09-28

Figure 1: The number of cases involving new employment forms resolved by courts in Suzhou from 2018 to 2023 (January to July) Figure 2: The distribution of groups involved in the first instance of new employment forms disputes by courts in Suzhou from 2018 to 2023 (January to July) Core reminder: In recent years, with the rapid development of the digital economy, new employment forms relying on internet platforms have large employment capacity, low entry and exit barriers The characteristics of flexibility and strong part-time work have played an important role in expanding employment channels, enhancing employment flexibility, and increasing worker income. The new employment form has broken the traditional employment model and the interest relationship and management norms under the legal order, directly affecting many fields such as employment management, employment services, social security, etc. In order to fully grasp the characteristics and laws of the development of new employment forms, build harmonious labor relations in new employment forms, and safeguard the healthy and standardized development of the platform economy, the Suzhou Intermediate People's Court of Jiangsu Province established a research group to conduct a special investigation on the trial of disputes related to new employment forms in the city's courts from 2018 to 2023 (January July). 1、 During the basic situation research period, a total of 997 disputes involving new forms of employment were resolved by the courts in Suzhou (see Figure 1), including 816 cases in the first instance and 181 cases in the second instance. The proportions of infringement disputes, labor disputes, and contract disputes were 58.48%, 32.8%, and 8.73%, respectively. The specific situation is as follows: 1. It mainly involves four types of new employment forms of labor groups. Among the 816 first instance cases, the proportions of the four categories of groups involved in foreign sales, including cyclists, couriers, online anchors, and ride hailing drivers, were 46.88%, 30.42%, 12.97%, and 9.73%, respectively (see Figure 2). Among them, the top three types of disputes involving delivery riders are infringement disputes (accounting for 76%), confirmed labor relations disputes, and work-related injury insurance benefits disputes; The top three types of disputes involving couriers are infringement disputes (accounting for 77%), labor contract disputes, and labor compensation disputes; The top three types of disputes involving online anchors are contract disputes (accounting for 70%), labor contract disputes, and labor compensation disputes; The top three types of disputes involving ride hailing drivers are labor contract disputes (accounting for 45%), infringement disputes, and labor compensation disputes. 2. Disputes exhibit obvious diversified characteristics. One is the diversification of litigation requests from parties. Among the 816 first instance cases, 129 were single petition cases and 687 were composite petition cases, with the latter accounting for 84.19%. The second is the diversification of the regions involved by the enterprise parties. More than 70% of the cases involve enterprises whose registered business premises are not located in Suzhou City and are distributed throughout the country. The third is the diversification of the parties involved. The number of cases involving three or more parties reached 68.05%, indicating the complexity of legal relationships related to new forms of employment. 3. In labor dispute cases, it is confirmed that there are industry differences in labor relations. Among the 235 first instance labor dispute cases involving new forms of employment, labor contract disputes, confirmed labor relationship disputes, and labor compensation disputes accounted for 42.56%, 33.62%, and 14.89%, respectively. From laborers

Edit:Wang Chen    Responsible editor:Zhou Shu

Source:rmfyb.chinacourt.org

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