In recent years, the platform economy has developed rapidly, creating a large number of job opportunities. The number of workers in new forms of employment, such as online car hailing drivers, truck drivers, and Internet marketers, has increased significantly. At the same time, some enterprise management employment patterns have changed, and the demand for workers in new forms of employment to obtain labor rights protection has become increasingly prominent. I am a food delivery rider, and my employee relationship has been subcontracted layer by layer by an online company. The company is withholding wages. What should I do? "" Is there a labor relationship between the two parties when an online anchor brings goods to the company? "On social media platforms, it is not difficult to see some new forms of employment workers who are confused about labor relations and job security. The Decision of the Central Committee of the Communist Party of China on Further Comprehensively Deepening Reform and Promoting Chinese path to modernization proposed that "support and standardize the development of new forms of employment" and "improve the social security system for flexible employment, migrant workers and new forms of employment". The proper resolution of labor disputes is not only related to the protection of the legitimate rights and interests of workers, but also closely related to the overall economic and social development. What are the demands for labor rights protection arising from the increasingly diverse new employment models? How can people's courts strengthen the protection of the rights and interests of workers in new forms of employment? At the same time, how to balance the protection of workers' rights and interests in new forms of employment with the development of platform economy? The reporter from the Legal Daily conducted interviews around these topics. The employment model is more concealed to calibrate the "balance" of labor relations in the new employment form. The people's court conducts in-depth research on the situation faced by workers in the new employment form and accurately identifies problems. In May of this year, the Intermediate People's Court of Nanjing City, Jiangsu Province, released the "2021-2023 White Paper on the Trial of Employment Dispute Cases in New Forms of Employment" (hereinafter referred to as the "White Paper"). The White Paper shows that from 2021 to 2023, Nanjing courts have concluded a total of 257 cases of employment disputes in new business formats. The new employment forms with a relatively concentrated number of cases are gig jobs such as ride hailing drivers, food delivery riders, anchors, and ride hailing truck drivers. The White Paper shows that there are 201 cases involving multiple parties in such cases, accounting for 78.21%. Among them, the identities of the parties involved in the multi-party litigation include practitioners, platforms, platform cooperative enterprises, brand franchise/contracting/subcontracting enterprises, labor outsourcing enterprises, labor dispatch enterprises, and affiliated enterprises of the above-mentioned enterprises. Judge Liu Yi of the Civil Fifth Division of the Nanjing Intermediate People's Court introduced the distribution industry as an example, stating that platform partners often outsource their distribution business to various outsourcing companies, extending the labor chain, and instructing practitioners to sign contracts, cooperation contracts, etc. with outsourcing companies or their affiliated companies that they have never met before, allowing practitioners to establish general civil cooperation relationships with outsourcing companies or their affiliated companies. The reporter learned that some platform cooperative enterprises allow practitioners to "voluntarily" register as individual industrial and commercial households, and outsourcing enterprises or their affiliated enterprises pay wages to practitioners in the name of "contracting fees" and "service fees". Some industries have developed their own apps, requiring practitioners to register and establish "cooperative relationships" with gig workers or outsourced employees. This type of employment model is more covert and prone to disputes. In addition, workers in new business models face difficulties in finding the responsible parties and weak ability to provide evidence during the litigation process. How can we better safeguard the legitimate rights and interests of workers in new business formats in the face of new situations where departments collaborate to protect their rights and interests? Liu Yi said, "Multi departmental collaboration is needed." Based on judicial trial practice, Liu Yi provided countermeasures and suggestions, prioritizing the resolution of prominent issues faced by new industry workers such as salary deductions, occupational injury protection, and overtime work; Persist in putting the non litigation dispute resolution mechanism at the forefront, establish and improve a diversified mechanism for resolving conflicts, promote the construction of industry trade unions, and improve the industry collective negotiation mechanism; Actively leverage the dialogue and negotiation role of industry trade unions in areas such as algorithm regulation, commission standards, rest and vacation, compensation for adverse weather conditions, and occupational injury insurance, in order to resolve the frequent causes of conflicts in the field of new business employment from the source and build a harmonious relationship between new business employers and workers. It is reported that the work model of multi departmental cooperation as a warm "one-stop" dispute resolution "station for new forms of employment workers is being carried out across the country. In May of this year, the first judicial rights and interests protection base for new forms of employment workers in Jiangxi Province was unveiled in the Jiangxi Flow Economy Industrial Park located in Qingshanhu District, Nanchang City. It provides "one-stop" dispute resolution services for labor disputes between new forms of employment workers and enterprises, such as labor remuneration, rewards and punishments, vacations, occupational injuries, etc. In July of this year, the Suzhou Municipal Human Resources and Social Security Bureau, Suzhou Intermediate People's Court, Suzhou Municipal Social Work Department, Suzhou Municipal New Work Committee, and other departments jointly established the Suzhou New Employment Form Labor Dispute One stop Mediation Center and New Employment Form Labor Dispute "Integration Court" (Integration Court), further strengthening the coordination and cooperation among multiple departments, achieving various mediation linkage, and promoting the integrated resolution of new employment form labor disputes. Zhejiang courts have set up "shared courts" in various trade unions, labor dispute mediation centers, labor arbitration courts, etc., to achieve seamless integration of mediation, arbitration, litigation, legal aid, enforcement and other links, providing more efficient and convenient judicial services for workers and strengthening the protection of workers' rights and interests. Since the Changchun Internet Court began to accept cases on June 1, 2022, the labor dispute cases involving workers in new employment patterns within Jilin Province will be accepted by the Changchun Internet Court. "The Internet court is particularly convenient. The filing, trial and other proceedings are handled online. That is to say, if the parties have a smartphone, they can sue and protect their rights Li Shuang, president of Changchun Internet Court, said. In July of this year, the Chaoyang District People's Court of Beijing held a press conference to report on the trial of labor dispute cases involving diversified employment and released typical cases, including two cases involving the protection of the rights and interests of workers in new forms of employment. One day in February this year, 11 workers came to Chaoyang District Court to sue a ride hailing platform operating company, namely a technology company. They advocate that after joining a certain technology company in 2020, they accept orders through the company's managed app, engage in driver work, and accept the unified management of the technology company through signing documents such as the "Driver Service Standard Rules" and joining the "Scheduling and Dispatch WeChat Group". Afterwards, a certain technology company suddenly and inexplicably closed their order taking account, and the workers were unable to continue their order taking work. Therefore, they requested the court to determine that the technology company had illegally terminated the labor contract and demanded that the company pay overdue wages, compensation for illegal termination of labor relations, etc. How to effectively resolve labor disputes in the form of mass new employment? To achieve the 'dual protection' of protecting the rights and interests of workers in new forms of employment and promoting the development of platform economy, "said Wang Yang, Deputy Chief Judge of the Filing Division of Chaoyang District Court. Wang Yang introduced that Chaoyang District Court has selected experienced senior judges and young judges with outstanding mediation abilities to form a collegial panel. The judge quickly organized the trial work, guided the parties to fully express their opinions, submit evidence, sorted out the focus of disputes and difficult issues in the case, and carried out full process mediation in accordance with the spirit of the "Two Guidelines and One Guideline" for the protection of new forms of employment workers published by the Ministry of Human Resources and Social Security. Thanks to the efforts of the judges, all 11 cases in this batch have been resolved through mediation, resulting in the recovery of losses totaling over 260000 yuan for the workers. At the same time, judicial suggestions will be sent and copied to the same level trade union regarding the employment management issues exposed during the case trial. It is suggested that enterprises should further improve their mechanisms around strengthening social responsibility, enhancing management refinement, and strengthening humanistic care for workers, in order to avoid disputes from the source Wang Yang said. The Chaoyang District Federation of Trade Unions has also sent a "Trade Union Labor Law Supervision Reminder Letter" to relevant platform enterprises. Currently, the platform enterprise has automatically fulfilled the mediation amount in full. Overall, how to balance the protection of workers' rights and interests in the new form of employment with the development of the platform economy? Regarding this, Liu Yi said that in judicial practice, it is necessary to implement the requirements of the "Guiding Opinions on Safeguarding the Labor Protection Rights and Interests of Workers in New Forms of Employment" and the "Opinions of the Supreme People's Court on Providing Judicial Services and Guarantees for Stable Employment" issued by eight departments including the Supreme People's Court and the Ministry of Human Resources and Social Security, and adhere to the judicial concept of "dual protection" in judicial judgments. On the one hand, we fully value the legitimate rights and interests of workers in new business formats, and regulate situations such as overtime work in new business employment through judicial means to guide the legal operation of new business employment; On the other hand, we encourage new forms of employment to continuously innovate their business models, respect and protect the 'free' and 'flexible' employment methods that they rely on for development and maintaining competitive advantages, accurately identify labor and other legal relationships, reasonably determine the responsibilities of platform enterprises, and promote the healthy and sustainable development of the new business economy Liu Yi said. (New Society)