权利束视角下平台用工治理的法律构造

    Legal Construction of Platform-mediated Work Governance from the Perspective of Bundle of Rights

    • 摘要: 数字经济时代,平台用工治理机制的系统性缺失使得现行法律规制体系无法有效应对平台企业凭借算法技术在劳动组织、经济支配、治理决策等方面的权力扩张,致使平台从业者面临算法控制、职业风险高、权利救济难等现实困境。劳动法以劳动关系认定为核心的一体化权利配置模式——“要么享有全部劳动权利,要么全无”,难以适应平台从业者用工模式的自主性特征,导致该群体因劳动关系界定困难而陷入劳动权益保障的真空状态。亟待突破劳动权利与劳动关系的严格绑定关系,运用权利束理论将复合的劳动权利解构为相对独立的权利要素,通过权利束的重组与配置,建立符合平台经济特征和平台从业者保护需求的权利保障体系,并以此为基础构建针对性的平台权力规制机制。这一治理路径以权利保护为基本视角,以“限权保权”为核心方法,通过立法手段明确权利内容与规范权力行使,推动平台用工治理的规范化和法治化。

       

      Abstract: In the era of digital economy, the lack of systematic governance mechanism for platform-mediated work leaves the existing legal regulatory system unable to effectively address the power expansion of platform enterprises over labor organization, economic dominance, governance decision-making and the like through algorithmic technologies. This has resulted in platform workers facing practical dilemmas such as algorithmic control, high occupational risks and difficulties in rights remediation, etc. Meanwhile, the integrated rights allocation model in current labor law, which centers on the identification of labor relations and follows the “all-or-nothing” rule of labor rights entitlement, fails to adapt to the autonomous characteristics of work arrangements for platform workers, leading this group into a vacuum of labor-rights protection due to difficulties in identifying labor relations. Therefore, it is urgent to break the rigid binding relationship between labor rights and labor relations, and deconstruct composite labor rights into relatively independent rights elements via applying the bundle-of-rights theory. Through the reorganization and hierarchical allocation of rights bundles, a rights protection system that conforms to the features of the platform economy and the safeguard needs of platform workers should be established, based on which a targeted regulatory mechanism for platform power can be constructed. This governance approach takes rights protection as its fundamental perspective and “restricting power to protect rights” as its core methodology. By clarifying rights content and regulating power exercise through legislative measures, it ultimately advances the standardization and legalization of platform-mediated work governance.

       

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