Xinhua News Agency, Beijing, Feb. 24 (Xinhua) -- A new approach is coming! The rights and interests of "takeaway brothers" will be more protected
Xinhua News Agency "Xinhua Viewpoint" reporters Jiang Lin, Ye Haoming, Wang Yuhao.
In response to the problems of some new employment workers working too long, the lack of openness and transparency in the formulation of platform rules, and the arbitrary change of income standards, the official website of the Ministry of Human Resources and Social Security announced on the 23rd the "Guidelines for the Protection of the Rights and Interests of Rest and Labor Remuneration for Workers in New Employment Forms", "Guidelines for the Publicity of Labor Rules for Workers in New Employment Forms", and "Guidelines for the Protection of Rights and Interests of Workers in New Employment Forms".
Xinhua Vision" reporter interviewed industry experts and some platform companies.
"Takeaway boys" are included in the minimum wage guarantee, and they can get higher remuneration on statutory holidays.
One of the biggest changes brought about by the new regulations is the inclusion of workers in new forms of employment such as online delivery, travel, transportation, and domestic service in the minimum wage. Shen Jianfeng, director of the Academic Committee of the Law School of the China Institute of Labor Relations, believes.
Shen Jianfeng said that the "Guiding Opinions on Safeguarding the Labor Security Rights and Interests of Workers in New Employment Forms" jointly issued by the eight departments has put forward more principled provisions in this regard, and this refinement into more operational implementation measures will be conducive to the accurate understanding and full implementation of enterprises.
According to the Safeguard Guidelines, the hourly minimum wage standard stipulated in the actual place of work shall apply to workers in new forms of employment who do not fully meet the requirements for the establishment of labor relations but are subject to labor management by the enterprise. Enterprises shall negotiate with trade unions or representatives of workers in new forms of employment on an equal footing to formulate labor remuneration rules.
In addition, the safeguard guidelines make it clear that if a new employment form works on a statutory holiday, the enterprise shall pay the employee a reasonable remuneration higher than the remuneration for normal working hours.
Will this bring about an increase in holiday ordering, online car-hailing, instant delivery, etc.? The reporter learned that appropriate adjustments during holidays, peak hours and special weather are common practices for some platform companies to encourage orders. Platforms often "pay out of their own pockets" to increase workers' incomes and ensure consumer experience through subsidies and other means.
During the Spring Festival holiday just past, in order to motivate drivers to get out of the car more, Didi said that it would issue subsidies of more than 300 million yuan to drivers. In some cities and time periods where supply and demand are relatively tight, a number of online car-hailing platforms have carried out market-based price adjustments, adding compensation for empty driving and Spring Festival service fees ranging from 2 to 5 yuan.
The relevant person in charge of Meituan Takeaway told reporters that in recent years, Meituan has invested special subsidies on important holidays to ensure that riders can have high returns for high pay. In the winter of 2023, Meituan Distribution will invest 1.7 billion yuan in subsidies across the country to ensure that riders can earn from their labor in low-temperature weather and earn higher income by running orders during the New Year's Day and Spring Festival holidays.
On February 20, a delivery man rides in Yuhuayuan Erli Community, Daxing District, Beijing. Photo by Xinhua News Agency reporter Li Xin.
Guide enterprises to scientifically determine the workload and prevent workers from overwork.
In view of the prominent problems faced by workers in the new form of employment of "overtime work", the relevant guidelines provide specific and detailed guidance for enterprises to scientifically determine the workload and labor intensity.
For the first time, the protection guidelines introduce the concept of relaxation time, clarifying that the working hours are based on the cumulative order time for the employee to complete all orders, and due consideration shall be given to the employee's necessary ** order, service preparation, physiological needs and other factors.
Shen Jianfeng said that on the one hand, the new regulations protect the right of workers to rest, and on the other hand, they are also in line with the employment characteristics of the new employment form, and do not affect the more work and more rewards. According to the current salary rules of platform enterprises, whether it is the piecework system of "takeaway brothers" or the binding of the best hours of online car-hailing drivers to the quality of dispatches, the income level of workers is highly dependent on working hours.
Therefore, the safeguard guidelines are clear, and the enterprise shall negotiate with the labor union or the representative of the worker in the new form of employment to reasonably determine the maximum continuous order receiving time and the maximum daily working time of the employee. If the working hours of the worker reach the upper limit, the system should push the rest reminder and stop pushing the order for a certain period of time, so as to ensure that the worker gets the necessary rest time and prevent the worker from overworking.
According to the person in charge of Meituan Takeaway, takeaway orders have significant peaks and troughs, and riders generally flexibly arrange running orders and rest times according to the current workload. In order to further protect riders' right to rest, Meituan has been exploring ways to push "anti-fatigue" prompts and implement order dispatch interventions to prevent riders from fatigue in delivery by combining the peaks and valleys of orders and the status of riders' deliveries in transit, waiting for meals, and no orders.
In July 2023, the industry's first collective contract signed by the Ele.me platform and riders through collective negotiation contains clauses such as "upholding the 'algorithm to win' and reasonably setting the delivery time of food delivery personnel". The relevant person in charge of Ele.me also said that he will continue to explore and communicate and negotiate with labor representatives to establish reasonable working hours.
In formulating and revising labor rules, workers should be open to soliciting opinions.
The Guidelines for the Publicity of Labor Rules for Workers in New Employment Forms issued this time clearly state that platform enterprises shall disclose to workers in new forms of employment who rely on the platform to disclose the rules and regulations, standard contract clauses, algorithm rules and operating mechanisms directly related to the basic rights and interests of workers, such as order allocation, remuneration and payment, working hours and rest, occupational health and safety, and service specifications.
In Shen Jianfeng's view, the platform rules, including algorithms, determine the number of orders, assessment standards and income levels of "takeaway brothers" and online car-hailing drivers. Previously, the unclear and changing commission rules of some platforms blurred or even damaged the core rights and interests of employees. The introduction of the new regulations guarantees the right to know and the right to participate in new forms of employment, and helps guide enterprises to improve the transparency and fairness of various labor rules.
According to the Publicity Guidelines, when formulating or revising labor rules that directly involve the rights and interests of workers in new forms of employment, platform enterprises should publicly solicit opinions from workers in advance through prominent methods such as app pop-ups, fully listen to the opinions and suggestions of trade unions or workers' representatives, and inform workers of the adoption. Before the implementation is confirmed, it shall be announced to the workers at least seven days in advance.
The relevant person in charge of Meituan Takeaway said that the document provides clear guidance for protecting the rights and interests of workers in new forms of employment, and Meituan will continue to implement various policy requirements under the guidance of relevant departments and continue to improve the protection system for the rights and interests of riders.
In accordance with the guidelines, we will continue to promote the openness and transparency of the rules and provide a fairer and more friendly working environment for workers. The person in charge of Ele.me said.
*:Xinhua.
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