商业经济与管理

新就业形态在扩大就业容量、优化资源配置方面具有积极意义，但平台用工、算法管理与外包合作等劳动组织方式，也使劳动者权益保护问题更加集中。其核心并非仅在于劳动关系认定模糊，还在于平台劳动管理形成了介于劳动关系与民事关系之间的中间地带用工，导致产生责任主体分散、最低劳动标准不足、平台规则不透明、劳动争议举证困难、职业伤害保障与社会保险衔接不畅等问题。现行二元规范框架难以充分回应新就业形态劳动者的权益保障需求，既有政策文件虽已提出治理方向，但在法律效力、强制义务和救济机制上仍不完善。对此，应以劳动基准法理念为基础，优先确立最低劳动标准，并完善平台规则公开、信息披露、申诉处理、数据留存、个人信息保护和职业伤害保障衔接机制，构建更具执行力和救济可能性的立法保护体系。

New forms of employment have played a positive role in expanding employment capacity and optimizing resource allocation. However, labor organization methods such as platform-based employment, algorithmic management, and outsourcing cooperation have brought the protection of workers' rights into sharper focus. The core challenge lies not merely in the ambiguity of employment relationship determination, but rather in the emergence of an intermediate zone of work arrangements—situated between labor relations and civil relations—created by platform labor governance. This intermediate zone has given rise to a cluster of problems, including the fragmentation of responsible entities, inadequacy of minimum labor standards, opacity of platform rules,difficulties in evidentiary production in labor disputes, and poor coordination between occupational injury protection and social insurance schemes. The existing dualistic regulatory framework falls short of adequately addressing the rights protection needs of workers in new forms of employment. Although policy documents have already outlined general governance directions, they remain deficient in terms of legal force, mandatory obligations, and remedial mechanisms. In response, a legislative protection system with stronger enforceability and more accessible remedies should be constructed, grounded in the principles of labor standards legislation.Priority should be given to establishing minimum labor standards, accompanied by the improvement of supporting mechanisms concerning platform rule transparency, information disclosure, grievance handling, data retention, personal information protection,and the articulation of occupational injury protection with the broader social insurance system.