新业态从业者集体劳权的法律保护路径探析OACHSSCD

Under the platform economy,laborers increasingly participate in the market as the self-employed or business operators,which renders traditional labor relationship identification mechanisms inadequate.Thus,the original balance between labor law and antitrust law faces disruption.There is an international consensus on improving collective labor rights protection systems,whilst some progress has been made in practice in China.However,the risks of monopoly arising from excessive expansion of collective labor rights also warrant caution.This study suggests that it is necessary to clarify the range of subjects for collective bargaining and government positioning within the framework of labor law,progressively promote collective negotiations by phases,regions,and industries,and establish a pre-supervision system for collective negotiations.In addition,it also proposes to reconstruct the antitrust labor exemption system based on foreign practices,re-examine the qualifications of collective action subjects under the principle of a single economic entity,carry out comprehensive,contextual,and substantial reviews to assess negotiated content,thereby mitigating the monopoly risks associated with the expansion of collective labor rights.