Under the New Regulatory Policy, where should the protection of the rights and interests of flexible employees go?

Government-enterprise cooperation, the healthy development of gig economy welcomes good opportunities

On July 26, the seven departments jointly issued the “Guiding Opinions on Implementing the Responsibilities of Online Catering Platforms and Effectively Protecting the Rights and Interests of Food Delivery Workers” (hereinafter referred to as the “Opinions”), which put forward comprehensive requirements for protecting the legitimate rights and interests of food delivery employees.

Once the document was issued, Meituan and other relevant platforms responded that they had actively cooperated with relevant government departments to carry out multiple rounds of field investigations and discussions, and would earnestly study the “Opinions” to implement and implement the labor security of food delivery staff.

About 20 days ago, the same opinion on the protection of the rights and interests of couriers was issued, and a number of targeted measures were put forward for the core interests of couriers.

According to statistics from research institutions, as of 2020, the number of practitioners of Chinese express delivery and takeaway has reached 10 million people, two policy papers obtained after implementation, these express not only the flexibility takeaway staff participate in social insurance, improve benefits, and environmental practitioners Labor safety will be improved.

Under the New Regulatory Policy, where should the protection of the rights and interests of flexible employees go?

As far as daily life is concerned, the takeaway guys and the courier guys are the objects of our high-frequency contact, and we can often see them shuttled through the streets and alleys in the wind and rain. It is true that the rights and interests of the takeaway guys need to be solved urgently, but there are more groups of odd jobs that also deserve attention.

01 The core of the New Deal, the detailed three points of flexible employment personnel

Recently, new policies have been intensively released. In addition to the above two guidelines for delivery personnel and couriers, on July 22, 2021, the eight departments jointly issued the “Guiding Opinions on Maintaining the Labor Security Rights and Interests of Workers in New Employment Forms” (referred to as “Guiding Opinions”). opinion”).

The opinion starts from the protection of the rights and interests of workers in new forms of employment, and is carried out in four aspects: employment relations, labor rights protection system, optimization of labor rights protection services, and improvement of labor rights protection working mechanisms.

Take-out riders, couriers, cleaning staff, online car-hailing drivers, freight drivers… This type of new employment form of workers is also called flexible employment personnel. They run around in big cities and provide an opportunity for urban development. Indispensable labor.

Previously, relevant personnel from the Ministry of Human Resources and Social Security stated that the number of flexible employees in my country has reached about 200 million. Under the impact of the epidemic, the number of flexible employees increased by 20% in the first quarter of last year.

In this flexible employment group of up to 200 million people, couriers and delivery workers account for only 5% of flexible employment personnel.

Workers in new forms of employment earn remuneration by receiving orders on the platform, and there is no definite employer. The platforms basically claim that they provide information matching services and have not formed a labor-employment relationship with practitioners.

Therefore, the unsteady labor relationship between flexibly employed persons and their employers is even more complicated than ever.

It is difficult to identify labor relations, lack of social security, and low level of organization. These old problems of flexible employment are difficult to solve, but now the situation has turned for the better.

For example, the Ministry of Post and other seven ministries and commissions jointly issued the “Opinions on Doing a Good Job in Protecting the Legal Rights and Interests of the Courier Group”. The State Administration for Market Regulation just released the “Guidelines on Implementing the Responsibilities of Online Catering Platforms and Effectively Protecting the Rights and Interests of Food Deliverymen for Takeaway Riders” yesterday. Opinions, and it is expected that relevant documents on online car-hailing drivers and truck drivers will be released next.

One of the highlights of the above-mentioned “Guiding Opinions” is the detailed three-division method of employment.

In the first category, where the conditions for establishing labor relations are met, labor contracts should be concluded with the employees in accordance with the law; in the second category, where the conditions for establishing labor relations are not fully met, but the company conducts labor management on the employees, the company shall instruct the company and the employees to conclude a written agreement with reasonable determination The rights and obligations of enterprises and workers; the third type of individuals rely on the platform to independently carry out business activities, engage in freelance work, etc., and adjust the rights and obligations of both parties in accordance with the civil relationship.

However, the “Guiding Opinions” does not yet have a clear classification of workers in new forms of employment. Take takeaway riders as an example. According to experience, most full-time riders (special delivery) belong to the second category, and part-time riders (crowdsourcing) belong to the third category.

At the same time, the opinion clarified the social security provisions for the second group of people, that is, the enterprise is to guide and support, and to respect the wishes of the workers as the prerequisite, rather than compulsory measures.

02 “It’s not that I don’t want to hand in, but I don’t want to”

Requiring companies to pay five social insurances and one housing fund is now the basic common sense of social welfare when looking for a job, but the situation is different for these flexible employees.

A taxi driver in Guangzhou told Luming Finance that he worked almost all month, except for gas, insurance and other expenses, his monthly income was about 9,000. The company did not pay social insurance, they had to pay by themselves. But it’s less when you get it.

“We are still living in the rental house, and the wife is due for delivery in August. The future expenses are quite large, so I want to get a little bit more.” The driver said.

Subject to various practical factors, if companies and platforms do not pay social insurance for workers, most flexible employees will not pay by themselves.

But if there is no basic insurance, they may face multiple pressures when emergencies occur.

Master Sun network about truck drivers working in Beijing, says that one of his colleagues had met with accidents, the primary responsibility for passengers, but colleagues himself took full compensation.

Drivers are afraid of word-of-mouth damage, so they have to bear the compensation. If they are injured and cannot work, they will have no income for a long time. At this time, basic insurance becomes extremely important.

The so-called accidental emergencies are not as rare as people think. A survey shows that 43.32% of courier brothers sometimes encounter traffic safety problems, and 10.87% have always had traffic safety problems.

There are more than 700 million employed people in my country, among which 217 million and 268 million people have paid unemployment insurance and work-related injury insurance respectively. This means that most of the rights and interests of flexible employees are missing.

At present, reforms for the entire industry have been put on the agenda.

03 Government-enterprise cooperation, the healthy development of gig economy welcomes good opportunities

The protection of flexible employment is inseparable from the coordination and cooperation of the state and enterprises.

Earlier, the Ministry of Human Resources and Social Security required all localities to open up flexible employment personnel to participate in basic pension and basic medical insurance household registration restrictions in their places of employment.

Some companies have assumed their social responsibilities and have increased their attention to flexible employees. Meituan Waimai has established a two-way communication mechanism between the platform and riders, and established communication channels such as rider talks and product experience officers. On July 17, Meituan announced the establishment of a rider service department to better support and guarantee rider service work.

In addition, Meituan is also stepping up efforts to improve the working environment of riders, including accelerating the installation of smart meal cabinets and promoting wearable devices such as smart safety helmets, which coincides with the reforms required by the government in the document.

From the labor relations three-division method of the Ministry of Human Resources and Social Security to the opinions of the General Administration of Market Supervision on the protection of the rights and interests of riders, the overall situation is a positive signal for the healthy and active development of the food delivery platform.

On the one hand , the legality of flexible employment in new business forms has been further confirmed, and the state’s attitude towards further supporting and ensuring stable employment remains unchanged; on the other hand, the state has adopted flexible and diverse solutions for social security policies for such groups. Compulsory across the board not only protects the rights and interests of workers, but is also conducive to the development of the gig economy. In this regard, it should be a consensus between the government and the enterprise.

For the flexible employment group covering all walks of life and the number of up to 200 million people, the government and enterprises should proceed from the immediate interests of employees, formulate protection rules, and collaborate to develop “flexible employment” into “flexible protection.”

Zhang Chenggang, director of the China New Employment Form Research Center of Capital University of Economics and Business, believes: Encourage and support the development of new business forms, create a good working environment, and actively play the role of stabilizing and expanding employment. The issuance of this document is a new plan for the protection of workers’ rights and interests based on the support and affirmation of new business formats.

The number of flexible employees has surpassed 4/1 of our country’s working population. The full protection of their labor rights will be of great significance to the stability of the entire industry and the improvement of social well-being. Action is urgent.

Reference materials:

Research in Industrial Research Institute “2020–2025 China’s express delivery industry market Prospects and Future Investment Strategy Report”

Ministry of Human Resources and Social Security Fourth Quarter 2020 Press Conference

“China Youth Development Report No. 4-Hummingbirds Hovering in Urban and Rural Areas”

Posted by:CoinYuppie,Reprinted with attribution to:https://coinyuppie.com/under-the-new-regulatory-policy-where-should-the-protection-of-the-rights-and-interests-of-flexible-employees-go/
Coinyuppie is an open information publishing platform, all information provided is not related to the views and positions of coinyuppie, and does not constitute any investment and financial advice. Users are expected to carefully screen and prevent risks.

Like (0)
Donate Buy me a coffee Buy me a coffee
Previous 2021-07-28 06:52
Next 2021-07-28 06:53

Related articles