[Explanation] With the rapid development of China's platform economy, the number of new employment forms of laborers, such as online-hailing distributors, online car-hailing drivers, and Internet marketers, has increased significantly.
Due to the relatively flexible employment methods of the platform’s employment and new employment forms, it is difficult for new employment forms to directly confirm labor relations with companies, and their rights and interests protection face new situations and new problems.
Recently, the Chinese government issued the "Guiding Opinions on Safeguarding the Labor Security Rights and Interests of Workers in New Employment Forms" to effectively safeguard the rights and interests of laborers.
[Explanation] Regarding the issue of social insurance rights and interests, the "Opinions" clarified that workers with new forms of employment can participate in the basic pension insurance for employees as flexible employees, and they can also participate in the basic pension insurance for urban and rural residents.
In order to encourage flexible employees to participate in the basic old-age insurance for employees, special consideration is given to the system design of the payment ratio, the payment base, and the payment method.
[Concurrent] Nie Shengkui, Director of the Labor Relations Department of the Ministry of Human Resources and Social Security
For this reason, the "Opinions" proposes to liberalize the household registration restrictions for flexible employees to participate in the basic pension insurance in the place of employment.
Organize flexible employees who have not participated in the employee endowment insurance to participate in the basic endowment insurance for urban and rural residents in accordance with the regulations, so as to ensure that the insurance is covered.
It is necessary to urge enterprises to participate in social insurance in accordance with the law, and guide and support new employment forms that do not fully conform to the labor relationship situation to participate in the corresponding social insurance according to their own circumstances.
[Explanation] Regarding individual online car-hailing platforms arbitrarily adjusting pricing rules and other business strategies, setting an excessively high percentage ratio to induce drivers to work overtime, drive fatigued, and infringe on the labor rights of drivers such as remuneration and rest. The relevant person in charge pointed out , Will guide and urge online car-hailing platform companies to use labor in accordance with laws and regulations, and standardize business behavior.
[Concurrent] Li Huaqiang, head of the Department of Transportation Services, Ministry of Transport
Online car-hailing platform companies are required to regulate their own pricing behavior, reduce excessively high percentages, strengthen communication and negotiation with drivers, and set an upper limit on percentages.
Urge online car-hailing platform companies to comprehensively consider factors such as the nature of work, labor intensity, work tasks, local average wages, and market operating conditions to reasonably determine the driver’s labor remuneration standard.
Online car-hailing platform companies are required to continue to optimize the dispatch mechanism, maximize the operational and organizational efficiency of vehicles during the online period, scientifically determine the working hours and labor intensity of drivers, and avoid overtime work and fatigue driving.
[Explanation] Pang Jin, Director of the Internet Transaction Supervision and Administration Department of the State Administration of Market Supervision, pointed out that online catering platforms must improve the labor remuneration rules for food delivery personnel and reasonably set up a performance evaluation system for food delivery personnel.
[Concurrent] Pang Jin, Director of the Internet Transaction Supervision and Management Department of the State Administration for Market Regulation
It is necessary to establish an income distribution mechanism that matches work tasks and labor intensity, clarify the time and method of labor remuneration, and ensure that it is paid on time and in full.
The platform shall reasonably determine the evaluation factors such as the number of orders and online rate, appropriately relax the delivery time limit, and shall not infringe the legitimate rights and interests of workers through algorithms or other means.
[Commentary] Pang Jin said that the market supervision department will work closely with relevant departments to urge relevant platform companies to effectively fulfill their main responsibilities, and to further promote the protection of the rights and interests of food delivery staff.
Reporter Liu Chao reports from Beijing
Editor in charge: [Li Yuxin]