The human resources and social security department has compiled guidelines for the protection of rights and interests in rest and labor remuneration, guidelines for the publicity of labor rules, and guidelines for rights and interests protection services.
Platform enterprises should solicit the opinions of the "little brother" in formulating algorithm rules, and reasonably determine labor compensation.
Some workers in new forms of employment work too long hours, the application of minimum wage standards is not clear, the formulation of platform rules is not open and transparent, and the channels for rights protection services need to be further unblocked......This is a more prominent issue reflected by all parties when the Ministry of Human Resources and Social Security conducted a survey on the protection of the rights and interests of workers in new forms of employment.
Recently, the General Office of the Ministry of Human Resources and Social Security, after fully listening to the opinions and suggestions of enterprises, workers, experts, relevant departments and localities, issued the Guidelines for the Protection of the Rights and Interests of Workers in New Employment Forms of Rest and Labor Remuneration, the Guidelines for the Publicity of Labor Rules for Workers in New Employment Forms, and the Guidelines for Safeguarding the Rights and Interests of Workers in New Employment Forms (hereinafter referred to as the "Protection Guidelines", "Publicity Guidelines" and "Guidelines").
What do these guidelines and guidelines include, and in what areas do they protect the rights and interests of workers? The relevant person in charge of the Department of Labor Relations of the Ministry of Human Resources and Social Security answered questions from reporters on relevant issues.
Scientifically determine the workload and negotiate and formulate remuneration rules.
The "Protection Guidelines" proposes that the daily working hours of workers in new employment forms include the cumulative time of receiving orders on the day and the relaxation time determined by taking into account the necessary ** orders, service preparations, physiological needs and other factors of the workers. If the enterprise clearly requires the new employment form workers to take the first time or go to the designated place at the designated time to receive routine management, the time required by the enterprise and the time for offline regular management shall be included in the working hours.
Among them, the time of receiving the order refers to the total time from the time the worker executes the order task to the time when the task is completed. If a worker receives two or more orders at the same time, the time of receiving the order will not be counted twice. The relaxation period shall be reasonably determined by the enterprise, the trade union or the representatives of workers in the new form of employment in consideration of the actual situation of the industry, and through equal consultation.
At the same time, if the worker reaches the longest continuous order receiving time and the longest working time per day, the system should push a rest reminder and stop pushing orders for a certain period of time.
In terms of labor remuneration, enterprises shall negotiate with trade unions or representatives of workers in new forms of employment on an equal footing to formulate labor remuneration rules, and clarify the labor quota standards, commission ratios, unit price per piece, labor remuneration payment cycle, assessment methods, etc. According to the person in charge, workers in the new form of employment who do not fully meet the conditions of establishing labor relations but whose enterprises carry out labor management on workers shall be subject to the hourly minimum wage standard stipulated by the people in the actual place where the worker actually works.
Guide platform enterprises to draft algorithm rules in accordance with law.
The Publicity Guidelines clarify the connotation of labor rules, including rules and regulations 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, service specifications, standard contract clauses, algorithm rules and their operating mechanisms. The person in charge said.
According to the Publicity Guidelines, when a platform enterprise formulates or revises labor rules that directly involve the rights and interests of workers in new forms of employment, it shall publicly solicit opinions from workers in advance through prominent methods such as application pop-ups, fully listen to the opinions and suggestions of trade unions or workers' representatives, and inform workers of the adoption situation. Before the implementation is confirmed, it shall be announced to the workers at least seven days in advance.
At the same time, it is necessary to continuously publicize the relevant content in a clear and easy-to-understand language in a prominent place such as the app, so as to ensure that workers can easily view the complete content at any time and provide a channel for feedback and suggestions.
The reporter learned that these two guidelines are applicable to new forms of employment for workers who accept online tasks such as distribution, travel, transportation, and housekeeping services issued by Internet platforms, provide platform online appointment services according to the requirements of the platform, and obtain labor remuneration through labor.
Establish an internal labor dispute resolution mechanism.
The Guidelines propose that platform enterprises should establish and improve a normalized communication mechanism with workers in new forms of employment and a grievance mechanism for workers in new forms of employment, and encourage platform enterprises to establish internal labor dispute mediation committees with the participation of trade union representatives, representatives of workers in new forms of employment and representatives of enterprises, to provide labor dispute mediation services for workers in new forms of employment.
Trade union organizations should actively recruit workers in new forms of employment to join their unions, supervise enterprises' performance of employment responsibilities, promote the establishment of regular communication and consultation mechanisms by platform enterprises, and provide legal aid and other services to workers in new forms of employment. The person in charge said.
At the same time, the Guidelines guide workers in new forms of employment to protect their rights and interests through statutory rights protection service channels such as labor dispute mediation and arbitration, labor security supervision, judicial litigation, and legal aid, and encourages local governments to explore and innovate labor dispute mediation mechanisms for new forms of employment, and establish a "one-stop" mediation agency for new forms of employment disputes.
According to the person in charge, workers in the new form of employment can protect their legitimate rights and interests in accordance with the law in the following ways.
The first is to negotiate with the enterprise to solve relevant problems through the internal communication channels and grievance mechanisms of the platform enterprises.
The second is to request support and assistance from the trade union organization or local trade union organization.
The third is to apply for mediation to the people's mediation committee and various professional labor dispute mediation organizations at all levels.
the fourth is to apply to the labor and personnel dispute arbitration institution at the actual place of work for arbitration; If it does not meet the scope of labor dispute arbitration, it may file a lawsuit with the people's court with jurisdiction in accordance with the relevant provisions of civil procedure. Workers in new forms of employment who apply for labor dispute arbitration or file a lawsuit in a people's court may apply to a trade union organization for legal aid and other services. Those who meet the requirements for legal aid may also apply for legal aid services from the nearest legal aid institution.
Fifth, report and complain to the labor and social security supervision agency.
*: Comprehensive Workers ** Client (Reporter: Li Danqing), Xinhua News Agency.
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