What is the solution to the problem of 78 million people?
Half a month to talk about reporter Sun Hao
Online-hailing distributors, online car-hailing drivers, e-commerce anchors, online consultants... The "China Sharing Economy Development Report (2020)" released by the Sharing Economy Research Center of the National Information Center shows that in 2019, platforms will appear in the form of new formats The number of employees in the company has reached 6.23 million, and the number of jobs driven by the platform is about 78 million.
New forms of employment have played a unique role in broadening employment channels, enhancing employment flexibility, and increasing labor income.
At the same time, as a new thing, practitioners in the new form of employment also encounter many practical problems.
Among them, the legal relationship between practitioners and platform companies has become the focus of the problem, and labor relationship identification, work-related injury compensation, and social security payment are urgently required to be regulated.
——Unclear judgment of labor relations.
Under the new form of employment, workers who traditionally serve a single employer can freely choose employers free of hierarchical organizational networks, and are less restricted by organizations.
Under this circumstance, labor contracts are generally not signed between platform companies and employees. There is only a cooperation agreement between the two parties to agree on business commissions, remuneration and other content. This is an equal service partnership, and the platform only provides information technology services.
In this way, the platform eliminates the labor relationship with the workers.
——It is difficult to pay social security.
Currently, practitioners in new employment forms mostly participate in social insurance by means of personal payment. However, due to problems such as complicated declaration procedures, high personal payment fees, long minimum payment years, and difficulties in transferring and continuing relationships in different places, their willingness to participate in insurance is seriously insufficient.
At the same time, most of the new employment forms of employees represented by takeaway riders have high work intensity and are prone to work-related injuries. However, there is no labor relationship between them and the Internet platform, and it is difficult to meet the conditions of participation in the current work-related injury protection system.
——The problem of overwork is outstanding.
Because of the temporary and phased nature of the new employment pattern, the work hours and rest are difficult to balance, the working hours are too long, the rest is insufficient, the overwork is common, and the supervision is more difficult.
Many online-hailing distributors and online car-hailing drivers work almost twice as long as the standard working hours stipulated by the labor law, and they are still high-intensity labor.
Some organizations often extend the working hours of anchors for multi-carrying, and most of the broadcasts start at night, resulting in excessive work intensity of relevant personnel.
-Rights relief is restricted.
Labor arbitration and labor inspection are special and convenient rights relief channels opened by labor law for workers with labor relations.
Due to the lack of a clear definition of whether the employment mode under the new employment form is a labor relationship, and the judicial practice community has not reached a consensus on this, it is difficult for the legitimate rights and interests of workers to be protected by the law if disputes arise between all parties to the employment.
New forms of employment must run fast, and the protection of rights and interests cannot be "naked."
Expert Huang Leping, director of Beijing Yilian Labor Law Aid and Research Center, believes that to solve the problem of labor rights protection for practitioners in new employment forms, we should start from the following aspects.
One is to reduce labor costs, especially social insurance costs.
One of the important considerations for platform companies to employ labor-relational methods is to reduce labor costs.
Considering the role of platform labor in absorbing employment, we can refer to the policy of reducing taxes and fees for small and medium-sized enterprises to further reduce social insurance rates in areas where conditions permit, while sharing part of the labor costs of platform companies in the form of special social security subsidies.
The second is the differentiated treatment of practitioners in new forms of employment.
There are indeed two types of full-time and part-time workers in platform employment. The treatment of full-time workers should be strictly handled by the labor law, and the law applicable to part-time workers should be treated leniently.
The third is to give full play to the role of labor administrative supervision and the labor union system.
In the case of relatively limited labor administrative resources, it is necessary to give full play to the role of local trade unions. In particular, the relevant industrial trade unions should recruit new employment forms of practitioners as soon as possible, so as to grasp their overall situation, and to negotiate and negotiate with the platform on behalf of the trade unions. Favorable working conditions lay the foundation.
The fourth is to strengthen legislation, especially occupational injury insurance legislation.
Timely amend the labor contract law, implement hierarchical and classified management of workers, and put new employment forms within the protection scope of labor laws.
Develop occupational injury insurance legislation for employees in new forms of employment as soon as possible, and stipulate that occupational injury insurance does not simply take labor relations as the premise, as long as there is platform employment behavior, it can be included in the scope of protection.