近年来，"无薪试岗"正在成为侵蚀劳动者权益的新型陷阱。这种披着"双向考察"外衣的违法行为，暴露 出劳动力市场深层次的治理困境。 张玉胜 本版专栏文章仅代表作者个人观点 "无薪试岗"本质上是对劳动法规的恶意规避。我国《劳动合同法》明确规定，试用期包含在劳动合同期 限内，且需明确约定期限与薪酬标准。但不法企业刻意模糊"试岗"与"试用"概念，将法定试用期异化为 不受约束的廉价用工期。正如业内人士所言："所谓的试岗期实则是法律监管的真空地带。"这番操作既 绕过试用期工资不得低于合同工资80%的硬性规定，又能随意以"不匹配"为由解雇员工，形成对劳动者 的合法掠夺。 （文章来源：证券时报） 其次，要完善法律救济。针对举证难题，可参考《电子商务法》的举证责任倒置原则，要求企业在争议 中承担劳动关系存在的初步证明责任；推行"劳动维权一站式服务"，整合调解、仲裁、诉讼功能，显著 缩短办案周期；司法机关要降低举证门槛，采纳工作痕迹、沟通记录等电子证据。 再次，合力构建和谐劳动关系。工会组织亟需前移服务端口，在招聘环节嵌入劳动者权益宣讲，主动下 沉到新兴行业，建立流动工作站为新业态劳动者提供法律援助；致力重塑职场生态，通过集体协商 ...

"谢谢检察官，帮我们父女俩洗清了背负十年债务的'冤屈'。"王女士感激地说。 感激的背后，映射着检察官司法为民的"真心""真情"，而这样的故事，在南京市检察院的履职答卷 中还有很多。 民之所盼，检之所向。今年上半年，市检察院确定了信息安全保护、民事支持起诉、新就业形态劳 动者权益保护等八项检察惠民实事，受到群众普遍欢迎。 "我们聚焦解决群众反映强烈的急难愁盼问题，通过强化部门协同、创新履职方式、优化服务流 程，确保各项惠民举措落地见效，切实让人民群众权益保障更扎实、诉求解决更便捷，把实事真正办到 百姓心坎上。"市检察院党组书记、检察长章润表示。 筑牢"安居线"，百姓生活更放心 检察机关接案后，通过委托合同、视频及照片等证据，围绕资金流向等提出十余条补证意见，最终 认定犯罪嫌疑人非法获取并提供被害人行踪轨迹等个人信息的行为触犯刑法，作出批准逮捕决定。 2025年1月，经栖霞区检察院提起公诉，被告人房某某、李某某等7人犯侵犯公民个人信息罪，被法院 判处一年三个月至四年两个月不等的有期徒刑。 类案分析，联动治理。今年以来，全市检察机关共办理侵犯公民个人信息犯罪案件64件171人，有 效维护公民信息安全。 织密"保护网 ...

《个人信息保护法》确立了"最小必要原则"，要求企业仅能收集与招聘直接相关的信息，并需获得求职 者明确授权。然而，现实中部分企业滥用背调权限，甚至将求职者的微信朋友圈、消费习惯等纳入考察 范围，严重侵犯个人隐私。此外，背调机构在信息采集和传播过程中，若未履行核实义务，可能导致不 实信息扩散，损害求职者名誉权。北京市丰台区法院的判决明确指出，背调机构不仅需确保信息采集合 法，还需对内容真实性负责，否则可能承担侵权责任。 要遏制背调乱象，需多管齐下：其一，立法细化。劳动行政部门应出台背调规范，明确可调查的信息范 围，禁止收集基因检测、性取向等敏感数据，并加大对违规行为的处罚力度。其二，技术监管。利用区 块链存证确保背调过程可追溯，要求企业公开AI背调模型的逻辑，防止算法歧视。其三，行业自律。 背调机构应建立职业标准，如负面信息需提供书面证据、设置异议复核机制等，避免主观评价影响报告 客观性。其四，劳动者维权。求职者应提高权利意识，在授权背调时明确限定调查范围，对不实信息及 时申诉或起诉。 背景调查本应是促进职场诚信的工具，而非侵犯个人权利的"凶器"。正如专家所言，背调应遵循"私权 侵入最小化、必要性、非歧视"原则， ...

Core Insights - The new employment forms based on digital economy and artificial intelligence are becoming a significant part of China's employment landscape, with a focus on promoting flexible employment while ensuring labor rights protection during the "14th Five-Year Plan" period [3][4]. Group 1: Characteristics of Flexible Employment and New Employment Forms - During the "14th Five-Year Plan" period, flexible employment and new employment forms are expected to expand significantly, becoming a major growth point for employment [4]. - The development of the digital economy will create more new business models and opportunities for flexible employment, with "one-person armies" emerging as a new entrepreneurial model [4][5]. - The rise of digital gig platforms is enhancing labor matching efficiency, with new employment forms primarily seen in sectors like ride-hailing, food delivery, e-commerce, and short video creation [4][5]. Group 2: Improvement in Employment Quality - The quality of flexible employment is continuously improving, moving away from being associated solely with low-end jobs [5]. - Digital platforms are enhancing standardization, management, and transparency in flexible employment, leading to increased income levels for some flexible workers, surpassing traditional employment [5][6]. - The proliferation of flexible employment is encouraging continuous learning and skill enhancement among workers, contributing to human capital accumulation and improved employment quality [5][6]. Group 3: Challenges in Labor Rights Protection - There are significant shortcomings in the protection of rights for flexible employment and new employment form workers, primarily due to ambiguous legal relationships and unclear definitions of "incomplete labor relationships" [6][7]. - The high costs associated with social insurance for flexible workers deter participation, and tax issues related to income and labor remuneration remain problematic for platform companies [6][7]. - The mechanisms for handling labor disputes are inadequate, leading to high costs and long durations for workers seeking to protect their rights [6][7]. Group 4: Recommendations for Rights Protection - The "14th Five-Year Plan" period should focus on establishing a comprehensive labor rights protection system tailored to new employment forms, ensuring legal coverage for all workers [7][8]. - There is a need for policies that better align with the characteristics of new employment methods and income patterns, as well as mechanisms for stable income growth [7][8]. - Enhancing skills training support and optimizing platform governance mechanisms are essential to improve the working environment for flexible employment [8][9].

Core Viewpoint - The Supreme People's Court issued guidelines to support the healthy development of the private economy in China, addressing challenges faced by private enterprises and providing stronger legal protections [2][3]. Group 1: Legal Framework and Market Access - The guidelines emphasize the implementation of a "non-prohibition, non-entry" policy and a unified negative list for market access, particularly in sectors like construction, real estate, and natural monopolies [2]. - It highlights the need for fair adjudication in cases involving monopolistic disputes in the technology sector, distinguishing between normal exercise of intellectual property rights and anti-competitive behavior [2]. Group 2: Financial Support and Regulation - The guidelines aim to alleviate financing difficulties for private enterprises by regulating financial institutions' practices regarding loan conditions and illegal lending activities [3]. - It calls for strict penalties against illegal lending practices and encourages a more orderly private financing environment to help private enterprises overcome "difficult and expensive financing" issues [3]. Group 3: Internal Governance and Corruption - The guidelines propose measures to combat internal corruption within private enterprises and facilitate resolution of disputes among shareholders through legal means [3]. - It stresses the importance of holding controlling shareholders accountable for actions that may harm the enterprise, such as misappropriation of funds and improper guarantees [3]. Group 4: Labor Rights and Consumer Protection - The guidelines reinforce the protection of labor rights, stating that any agreement to not pay social insurance is invalid, thus supporting workers' claims for compensation [4]. - It introduces punitive compensation for food and drug violations and aims to regulate prepayment consumption disputes to protect consumer rights while promoting honest business practices [4]. Group 5: Enforcement and Credit System - The guidelines outline strict enforcement against online violence and defamation of private enterprises, emphasizing the protection of their reputation and legal rights [5]. - Recent data shows a significant decrease in the number of individuals listed as untrustworthy, indicating improvements in compliance and credit restoration efforts [5][6].

Core Viewpoint - The court ruled that the employer unlawfully terminated the labor relationship with the employee, requiring compensation of 120,000 yuan due to unreasonable work demands placed on the employee [1][3]. Group 1: Employee Rights and Employer Responsibilities - Employers must consider the reasonable workload and capabilities of employees when assigning tasks, avoiding excessive demands that infringe on workers' rights [1][2]. - The law stipulates that termination is only justified in cases of serious violations of labor discipline or significant losses caused by the employee, not for minor infractions [2][3]. - Employees have the right to refuse unreasonable work assignments, and such refusals should not be grounds for termination [3]. Group 2: Legal Implications and Labor Relations - The case highlights the importance of maintaining a balanced and respectful labor relationship, where employers cannot exploit employees by imposing unmanageable workloads [3]. - Judicial decisions serve to reinforce the rights of employees against unreasonable demands, promoting a fairer labor environment [3].

Group 1 - The core viewpoint of the article emphasizes the introduction of pilot measures aimed at promoting reforms in various sectors, including trade, investment, intellectual property protection, government procurement reform, labor rights protection, state-owned enterprise reform, and environmental protection [1] - Nearly half of the total pilot measures being promoted are focused on areas such as intellectual property protection and labor rights, indicating a significant commitment to enhancing these sectors [1] - The measures are expected to create a transparent, stable, and predictable institutional environment, which is crucial for fostering economic growth and attracting investment [1]

Core Viewpoint - The incident highlights a significant issue regarding employee rights and workplace culture, particularly in how HR handled a sick employee's request for leave, reflecting a lack of empathy and respect for labor rights [2][3][4]. Group 1: Employee Rights and Labor Laws - Labor laws in China clearly stipulate the rights of employees to take sick leave for treatment and rest, emphasizing the need for companies to protect and respect these rights [3]. - The company's attempt to downplay the incident as a personal dispute fails to recognize the psychological impact of HR's derogatory remarks on the employee, indicating a violation of personal rights and labor rights [3][4]. Group 2: Workplace Culture and Management - The incident reveals a broader issue of workplace culture, where employees may feel pressured not to take sick leave due to fear of ridicule or negative consequences, suggesting a lack of proper institutional support [4][5]. - The HR's actions, including deleting the employee's work account and zeroing out performance pay, demonstrate a lack of transparent processes and respect for employee rights, indicating potential deficiencies in management culture [4][5]. Group 3: Company Response and Future Considerations - The involved company has announced the termination of the HR's contract and has made arrangements for the affected employee, indicating a recognition of the need for corrective action [4]. - There is a call for the company to reflect on the difficult circumstances employees face when requesting leave, and to address underlying cultural issues to foster a more supportive work environment [5].

Core Viewpoint - The article emphasizes the increasing importance of labor rights protection in China, highlighting recent adjustments in labor laws and regulations since 2025, which necessitate higher compliance standards in human resource management for companies [1]. Recruitment and Onboarding Stage - Recruitment advertisements must avoid discriminatory language related to gender or marital status [1]. - Background checks require employee consent and should focus solely on job-related information; failure to verify if a candidate has resolved their previous employment can lead to joint liability [1][2]. - Issuing written offers without proper consideration may result in "contractual negligence" claims [2]. In-Job Management Stage - The maximum probation period is six months, with probationary wages not less than 80% of the regular salary and local minimum wage [2]. - Leave policies must be clearly defined, and annual leave cannot be forcibly forfeited [2]. - Salary calculations for overtime must adhere to specific rules: double pay for weekend work and triple pay for public holidays; performance metrics should be quantifiable, and employees must sign off on assessment results [2]. - Special provisions exist for female employees during pregnancy, maternity, and breastfeeding periods regarding disciplinary actions [2]. Termination and Transition Stage - During termination negotiations, both parties should agree on compensation; evidence must be retained for dismissals due to misconduct, while non-misconduct terminations require prior notice and compensation [2]. - Exit documents must clearly state contract duration, and employee files and social security must be transferred within 15 days [2]. - For employees under non-compete agreements, companies must provide monthly compensation, and penalties for breach must be reasonable [2]. Additional Insights - The article suggests that the discussed points are just the tip of the iceberg regarding human resource compliance, with more detailed insights available in a course that covers compliance from recruitment to termination [3]. - The course includes five sessions totaling 1 hour and 56 minutes, covering legal compliance, recruitment channels, candidate selection, contract signing, and management of probation periods [4][5].

Group 1 - The platform economy has created numerous job opportunities and new employment forms, with 84 million workers currently engaged in new employment forms in China [1] - New employment forms offer flexible working hours and locations, but also present challenges in labor rights protection due to complex employment relationships [1] - Government departments and platforms have made efforts to protect the rights of new employment form workers, including issuing guidelines on rest rights and labor remuneration [1] Group 2 - The "five insurances and one fund" are basic rights for workers, and there is a need to optimize social insurance procedures and expand coverage for new employment form workers [2] - Labor disputes in new employment forms pose new challenges for legal frameworks, necessitating the establishment of clear labor relationships and innovative dispute resolution methods [2] - Ensuring the rights of new employment form workers requires institutional innovation and corporate social responsibility to enhance their work motivation and contribute to high-quality economic development [2]