China News Service, Hangzhou, January 25 (Wang Enmin, Zhang Yicong) Recently, in the work report of the Beijing Higher People's Court, a case of "invisible overtime" involving the use of social software such as WeChat was mentioned. In the case, the company was ordered to compensate 3 Ten thousand yuan in overtime pay, this case became the first of its kind in China.
At the ongoing Zhejiang Two Sessions in 2024, the Zhejiang Provincial Federation of Trade Unions proposed proposals to strengthen the protection of workers’ rights and interests in new employment forms.
The second session of the 13th Zhejiang Provincial Committee of the Chinese People's Political Consultative Conference opened.
Photo by Wang Xiaojing
With the intelligence, digitization, and informatization of production means, new productivity relations have formed new labor relations, creating a group of workers with new employment forms.
As a representative of the above proposal, Yao Jinhuan, vice chairman of the Ningbo Federation of Trade Unions and member of the party group, said that while the new employment form provides workers with broad employment opportunities, how to prevent and resolve the risks and challenges faced by the new employment form has become a reality Fuller, higher quality employment is a top priority.
The Zhejiang Provincial Federation of Trade Unions found in a survey that difficulties such as blank labor status, hidden worries about social security, and difficulties in safeguarding rights and interests have caused most workers in the new employment form to be "trapped in the algorithm" and have high labor intensity and long hours. In addition, " It is difficult to identify "atypical" labor relations, and workers' "multi-platform employment" has no insurance coverage. Once problems occur, it is very easy for a series of problems such as "work-related injuries and return to poverty" to occur.
To this end, the Zhejiang Provincial Federation of Trade Unions’ sector proposal recommends that the government, on the one hand, further rationalize the labor relations in the new employment form, and establish legal and legal regulations in the signing of labor contracts, identification of labor relations, and definition of various rights and interests of workers. status; on the other hand, further improve the social security mechanism for new employment forms, further "support" workers in new employment forms by improving social insurance system payment policies, and guiding and standardizing commercial insurance for workers in new employment forms.
In addition, in the new employment form of labor relations, individual workers are often in a weak position and have inherent difficulties in safeguarding their rights and interests.
Not to mention that workers in the new employment form do not participate in the formulation of management rules and do not have self-certification data on their work, which directly makes it difficult for the existing labor inspection system to effectively cover this type of workers, especially the lack of legal systems to protect the rights and interests of workers in the new employment form. Insufficient, it is difficult for workers to obtain effective support for their demands for labor relations.
Zhejiang is a province with a major digital economy. Therefore, while focusing on solving the problems of labor relations in new employment forms, we should also pay more attention to the protection of individual rights and interests of workers, so that workers have the right to say "yes" and the right to say "no".
In response to the above situation, the Zhejiang Provincial Federation of Trade Unions proposed a proposal to further improve the rights damage prevention mechanism.
While improving the relevant legal system, Zhejiang can improve local regulations according to local conditions, and further clarify the boundaries of rights and responsibilities in the governance system of who controls, what, and how to manage, coordinate the governance of algorithmic services, and completely eliminate the "algorithm black box" information barriers.
In Zhejiang, the exploration of new employment forms of labor relations should not stop at both parties of the employment relationship: at the social level, we must actively play the role of workers' industry associations under the new employment forms, improve industry working hours and labor protection standards and implement them as soon as possible; at the judicial level , consolidate the appeal mechanism for labor rights disputes in the new employment form, and maintain the last line of defense for the protection of workers' rights and interests in the new employment form with fair justice.
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