摘要
Abstract
With the development of digital economy,employees'rights and interests relief in the new employment form of platform has become an important proposition of rule of law.Current research mainly focuses on algorithm regulation,but ignores the infringement of employees'rights and interests by the abuse of platform punishment power.From the perspective of punishment regulation,it reveals the practical problems of platform punishment in terms of concept,procedure and relief,including biased punishment concept that leads to the imbalance of rules,procedural defects that lead to the abuse of power and failure of relief that aggravates the contradiction between employees and employers.Through the analysis of legal theory,it constructs a benefit balance framework based on the subordination theory and the principle of freedom of contract,and puts forward a guarantee system of prior rule-making,procedural guarantee and procedural operation supervision in formal justice,as well as micro-procedural foundation,medium-scope expansion and macro-judicial deepening in substantive justice.At the practical level,it is necessary to strike a dynamic balance between platform management power and employees'rights and interests by correcting punishment concept,revising punishment procedure and improving punishment relief,so as to provide a trinity of concept,procedure and relief for labor governance of new employment form in digital economy era,and help to construct a new labor order with both efficiency and fairness.关键词
劳动者权益保障/惩戒规制/利益平衡/新就业形态/数字平台Key words
employees'rights and interests protection/punishment regulation/interest balance/new employment form/digital platform分类
社会科学
