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19 J. Hum. Rts. 76 (2020)
The Protection of the "Third Kind of Workers" in Gig Economy from the Perspective of Social Rights

handle is hein.journals/jrnlhmch19 and id is 79 raw text is: TH E JOU RNA L OF HUMAN RICHTS VOL. 19 NO. I FEBRUARY 2020 The Protection of the Third Kind of Workers in Gig Economy from the Perspective of Social Rights LU id/na* & CHEN Yiheng Abstract: Due to the new flexible empiloyment mode of the gig economy many workers in the gig economy cannot be classified ac- cording to the traditional dualistic division of labor relations and non-jab or relations, and their rights are basically' under no protection. As human beings making a living through their labor the workers in the gig economy should be entitled to basic human rights, among which the most directly related is social rights. The concept and theo- retical framework of indenendent workers put Jbrward by American scholars is more conducive to the protection of their social rights. This theory not only has the legal basis of international law, but also conforms to the legislative purpose of striking a balance between the protection oJworkers and the sustainable development of the gig econ- omy It is also practical. Based on this theory China s: national condi- tions, and the core conventions of the International Labour Organiza- tion, we propose a new way to nrotect the third kind of workers in the gig economy Keywords: independent workers + gig economy + the third kind of workers + social rights + human rights I, Introduction In recent years, with the rapid development of the sharing economy, which features a unique mode of employment different from the traditional mode, how to protect the legitimate rights and interests of workers has become a new and difficult problem for labor laws around the world.' Like the labor laws (or employment laws) of man' countries, in the current labor law framework in China, workers either form labor relations with employers, sign labor contracts, obtain social security of the five insurances and the housing fund, and enjoy various rights such as paid leave, overtime pay, and employment protection, or form service relations with the latter and become so-called freelancers or self-employed workers, without any labor rights. * LU Haina ( U/lMi ), Associate Professor of Reanmin University of China Law School, Secretary Genem of the Center for luman RightL Studies, RenminlUniversity of China, Doctor of Law. This paper is a phased out- come of the project under the Research Fund of Renmin University of China (Project No: 2OXNQ009). CHEN Yiheng ( |to: ), Legal Assistant of Beijing V&T7 Law Finm. I. Site Information Center, Annial Reporl on the Development of China's Shaing Economy (2018), accessed Jannaty 5, 2019, http://cx.essn.njjjxj ?/ 21802/t20180228 3861544.shtml.

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