Beijing News Shell Finance News (Reporter Hou Runfang) In recent years, the issue of the protection of rights and interests of new business practitioners such as courier brothers has attracted attention. During the “two sessions” of the country this year, Pi Jian, member of the National Committee of the Chinese People’s Political Consultative Conference and director of Beijing Jintai Law Firm A proposal submitted by Long also focused on the topic of labor rights in new formats. He pointed out in the proposal that due to the ambiguity of the employment relationship and the identity of the workers, the labor relationship attributes of the new format workers tend to be weakened. As a result, the new format workers are currently faced with low contract signing ratio, chaotic labor order, low social security deposit ratio, Commercial insurance lacks protection and other issues. To this end, he suggested that it is necessary to clarify the protection of the rights and interests of workers in new formats through legal norms, and to revise my country’s labor law as soon as possible.
Pi Jianlong pointed out in the proposal that new business workers refer to practitioners in the form of Internet +, flexible employment, platform employment, etc. Couriers, food delivery staff, chauffeurs, online car-hailing drivers, chauffeurs, online janitors, Taobao shopkeepers and other occupations constitute the main part of the new format workers. According to estimates by relevant departments, there are currently nearly 100 million employees in new formats across the country. “The high elasticity of employment brought by the new business format, the high dependence on online customers, and the uncertainty brought regarding by labor relations and wage structure make new business workers generally face the hidden danger of unstable income and customers.” Pi Jianlong said .
Pi Jianlong further pointed out that the new business model has changed from the original “organization + employee” model to the current “platform + individual” model. The development of flexible employment and platform employment has transformed the original “standard labor relationship”, leading to the establishment of multiple labor relationships. The form of employment has broken through the boundaries of a single employer, and part-time, multi-employment, and status transitions between employed and self-employed have become the norm. Due to the ambiguity of the employment relationship and the identity of the workers, the attributes of the labor relationship of the workers in the new format tend to be weakened, resulting in many problems and challenges for the workers in the new format: First, the proportion of contract signing is low. In order to avoid legal responsibilities and reduce costs, some sharing economy platforms often do not sign written labor contracts with practitioners, or replace them with other forms of contracts such as labor contracts and contract of contract. According to incomplete statistics, only 43% of practitioners have signed labor contracts with platforms or third-party labor dispatch companies, 29% have signed labor agreements, and 21% have not signed any form of contract or agreement. The contract signing rate is significantly lower than the enterprise labor contract signing rate issued by the state. Second, the labor order is chaotic. Employers, working hours, working methods, and labor remuneration are more flexible and diverse in new business enterprises. More than one-third of employees work 7 days a week, and many online car-hailing drivers actually work more than 10 hours a day. Third, the proportion of social security contributions is low. The proportion of paying social insurance through the platform is relatively low, some practitioners pay their own pension and medical insurance, and one-third of the interviewed practitioners are not covered by social insurance. Fourth, occupational injuries occur frequently, and commercial insurance lacks protection. New business workers have a high degree of flexibility in working hours in the workplace, coupled with the lack of labor safety guarantees and occupational safety training, they are very prone to occupational injuries such as traffic accidents and accidental injuries.
“Most workers in new formats such as flexible employment and platform employment are often defined as labor relations rather than labor relations, and thus are not subject to the adjustment and protection of labor laws. Most of these new format workers have no labor contracts, no social insurance, Without labor security, on the one hand, due to the uncertainty of labor relations, they are in an extremely weak position, unable to resist unfair platform rules, making them a tool for new technologies. On the other hand, lack of occupational security, low risk resistance, and bargaining power Weak, once occupational injury occurs, it is very easy to get into trouble.” Pi Jianlong said that legal norms must be used to clarify the protection of workers’ rights and interests in new formats. While my country’s labor law generally protects labor relations, it also sets up special chapters to give special protection to female workers and underage workers, which also provides a reference for the labor law to protect the rights and interests of workers in new formats.
So, how to protect the rights and interests of workers in new formats? In this regard, Pi Jianlong gave three suggestions: First, revise my country’s labor law as soon as possible, make up for the shortcomings of labor legislation, and make a special chapter on “protection of the rights and interests of workers in new formats”, so that workers in new formats should work As a specific occupation type, the protection of rights and interests is included in the protection scope of the labor law.
Second, in terms of labor relations, the labor law must be clear: employment in a new format is a new type of labor relationship. If the conditions for determining the labor relationship are met, the enterprise shall conclude a written labor contract with the laborer in accordance with the law. In the case of part-time employment, the enterprise shall enter into a written agreement with the laborer to reasonably determine the rights and obligations of the enterprise and the laborer. Individuals relying on the platform to independently carry out business activities, engage in freelance work, etc., should adjust the rights and obligations of both parties in accordance with civil laws.
Third, with regard to the protection of labor rights and interests, the labor law should grant workers in new formats basic labor rights in terms of equal employment, minimum wages, working hours and rest periods, basic endowment insurance and medical insurance. Especially in view of the work characteristics of workers in new formats, in terms of labor safety protection, an occupational injury insurance system should be generally established for platform companies in the travel, takeaway, distribution, freight and other industries. Platform companies should take the initiative to improve the procedures for formulating algorithmic rules, and protect workers’ rights to know and participate through democratic management methods such as workers’ congresses.
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