Since 2023, in response to the difficulties in identifying labor relations, paying social security, and expressing the right to speak for new employment forms of workers such as takeaway brothers and express delivery brothers, ** departments, courts, trade union organizations, and platform enterprises have been actively taking measures to solve them, and breakthroughs have been made in some fields and places.The model labor contract provides a reference for clarifying the employment relationship in the field of new employment forms. Food delivery riders within the scope of the pilot scope of occupational injury protection can quickly get reimbursement for medical expenses through "one-click reporting"; The Platform Enterprise Democracy Symposium provides workers with a channel ...... to express their demandsSince 2023, some of the rights and interests protection issues in the development of new forms of employment have been made more specific and clear in policy design and practice.
A new breakthrough has been made in the definition of "incomplete labor relationship".
After the issuance of the Guiding Opinions on Safeguarding the Labor Protection Rights and Interests of Workers in New Forms of Employment, the criteria for determining labor relations have not changed, but the relationship between flexible employees such as crowdsourcing riders and enterprises is classified as not fully in line with the establishment of labor relations, and points out that the relevant departments should guide enterprises to enter into written agreements with such workers, reasonably determine the rights and obligations of both parties, and gradually promote the inclusion of such workers in the scope of minimum wage, rest and other system protections, which is a major breakthrough in the policy. As a new expression of China's labor policy system, it does not fully conform to the situation of establishing labor relations, which lays the normative foundation for China to explore the third type of labor relations. Taking this as a starting point, the labor administrative departments and courts are actively exploring new forms of labor security models that adapt to China's national conditions. Wang Tianyu, deputy director of the Social Law Office of the Institute of Law of the Chinese Academy of Social Sciences, said.
In February 2023, the Ministry of Human Resources and Social Security (MOHRSS) issued the Guidelines for the Conclusion of Labor Contracts and Written Agreements for Workers in New Employment Forms (for Trial Implementation), and formulated three texts, namely the Text of Labor Contracts for Workers in New Employment Forms, the Written Agreement Text for Workers in New Employment Forms, and the Written Agreement Text for Workers in New Employment Forms (Tripartite), which provide a reference for workers in the field of new employment and relevant employers to clarify the employment relationship.
Wang Tianyu said that since 2023, breakthroughs at the policy design or judicial level have become more specific and clear in response to some problems in the development of new forms of employment. In May 2023, the Ministry of Human Resources and Social Security (MOHRSS) and the Supreme People's Court (SPC) jointly released the Third Batch of Typical Cases of Labor and Personnel Disputes, which defined the constituent elements and judgment criteria of "incomplete labor relations" by means of case explanations, providing a judicial policy basis for the discussion of this issue in the theoretical circles, and also providing a reference for the courts to determine "incomplete labor relations" under the premise that there is no legislation.
*Shen Jianfeng, a professor at the School of Law of the University of Finance and Economics, said that the typical cases released this time have clarified the criteria for the determination of labor relations in new employment forms and the identification of employing entities, determined the principle of priority of facts, and once again clarified that the registration of self-employed individuals does not affect the determination of labor relations.
However, Shi Fumao, a lawyer at Beijing Fumao Law Firm, pointed outAlthough it is difficult for flexible personnel such as food delivery riders to confirm the employment relationship with platform enterprises, there are many judicial precedents on the existence of labor relations between food delivery riders and service outsourcing companies, so it is necessary to analyze which company is the beneficiary of the labor provided by the worker from the perspective of whether there is a relationship between management and management, so as to determine which company the employee has an employment relationship with.
6.68 million people have been covered by occupational injury coverage
In November 2023, Mr. Zhu, who was delivering food in Zhongshan City, Guangdong Province, was injured in a traffic accident while delivering food. Since Guangdong Province implemented the pilot work of occupational injury protection as required in July 2022, Mr. Zhu received the confirmation of occupational injury within a few days after submitting materials through the platform's "one-click report" and *, and quickly reimbursed more than 3,000 yuan for medical expenses.
Lawyer Yao Junchang, a senior partner of Beijing Weiheng Law Firm, pointed outSince many new employment workers face difficulties in confirming their employment relationship, it is difficult to obtain work-related injury compensation after an accident.
In July 2022, the pilot project of occupational injury protection for employees in new employment forms was launched, and the first batch of pilots was carried out in 7 platform enterprises and 7 provinces and cities.
It is reported that the pilot project of occupational injury insurance adopts the payment of the policy, and the premium is borne by the platform where the employee is located, and it is free of charge for the employee, and each single must be insured, and each person must be insured. If the new employment form employees within the pilot scope unfortunately encounter an accident injury, they can click on the "one-click report" in the mobile app in time if conditions permit, take pictures of the accident scene**, and save the diagnosis and treatment receipts generated in the process of medical treatment, so that they can conveniently enjoy occupational injury protection services.
According to data released by the Ministry of Human Resources and Social Security, as of September 2023, a total of 6.68 million people have been included in the scope of occupational injury protection, and the pilot targets have generally been fully insured. Over the past year, the pilot provinces have made a cumulative conclusion on occupational injury confirmation320,000 person-times, a total of 4900 million yuan.
Shen Jianfeng pointed out that in July 2023, Zhejiang Province also issued the Measures for Employers in Zhejiang Province to Recruit Specific Personnel Who Do Not Meet the Circumstances of Establishing Labor Relations to Participate in Work-related Injury Insurance (Trial), which will include new forms of employment in the work-related injury insurance system, which is conducive to further protecting the rights and interests of relevant workers and diversifying the employment risks of employers.
The Democracy Symposium will enhance the voice of workers
In the face of unreasonable complaints and bad reviews, many new employment workers such as couriers, food delivery riders, and online ride-hailing drivers have reported that it is often difficult to appeal through the platform, and it is difficult to succeed. In this regard, Zhang Chenggang, associate professor of Capital University of Economics and Economics and director of the China New Employment Form Research Center, believes that the relatively weak voice of workers in new employment forms is one of the reasons why their labor rights and interests cannot be effectively protected.
In recent years, trade unions at all levels have promoted platform enterprises to conduct consultation and dialogue with workers in new forms of employment through earnest meetings, formed consultation minutes or agreements, and reached agreements on labor compensation, algorithm optimization, labor safety, career development, care and care, dispute resolution, etc., established smooth channels for the expression of demands, and achieved an initial breakthrough in the construction of the negotiation mechanism of platform enterprises.
On November 17, 2023, Meituan's first national rider conference was held in Beijing. Rider representatives from all over the country brought various rights and interests protection issues that riders are concerned about, mainly focusing on income and remuneration, safety and security, career development, etc. In this regard, representatives of Meituan enterprises synchronized the progress of relevant work with the riders at the meeting. As of November 2023, Meituan has built more than 3 riders' stations across the country through self-construction, social co-construction, and cooperation with brand merchants80,000. In order to strengthen the safety of delivery in special weather, Meituan has also activated an emergency mechanism to provide riders with assistance such as delivery time-up and negative review elimination in special weather such as heavy snowfall and strong winds, and dynamically adjust the delivery radius to shorten the time that riders are exposed to the outdoors.
Nowadays, the coverage and representativeness of Internet platform enterprises have been greatly improved, which has effectively solved the problem of poor channels for the expression of the demands of the little brothers. Wang Kan, a researcher at the Comparative Trade Union Research Center of the China Institute of Labor Relations, said.
*: Worker** (Reporter: Yang Zhaokui).