China News Service, Shanghai, February 13 (Reporter Xu Jing) The Shanghai Human Resources and Social Security Bureau announced on the 13th that the bureau, together with the Shanghai Municipal Development and Reform Commission, the Municipal Transportation Commission and other eight departments, jointly issued the "On Maintenance of New "Implementation Opinions on Labor Protection Rights and Interests of Laborers in Employment Forms" (hereinafter referred to as "Implementation Opinions"), which aims to clarify the responsibility for protection of labor rights and interests, make up for the shortcomings of labor rights protection, optimize labor rights protection services, and improve the protection of labor rights and interests. Working Mechanism.
The "Implementation Opinions" focus on the prominent problems faced by the protection of labor rights and interests of new business types, and improve the fair employment, labor remuneration, rest, labor safety, and social insurance for new employment forms that meet the conditions for establishing labor relations, but do not fully meet the conditions for establishing labor relations. In other aspects of the system, it is clear that it will focus on relevant platform enterprises to carry out the pilot occupational injury protection of flexible employment personnel on the Shanghai platform, require the platform to optimize the algorithm principles, prohibit the platform from using the strictest algorithm as an assessment requirement, and curb "custody by punishment".
In recent years, with the rapid development of the platform economy, new forms of employment have become an important way for workers to find employment, especially flexible employment.
Due to the relatively flexible employment forms of the platform and the employment methods of workers in the new employment form, it is difficult to simply incorporate into the adjustment of my country's current labor laws, and the protection of workers' rights and interests faces new situations and new problems.
The "Implementation Opinions" clarifies the responsibility for protecting the rights and interests of laborers, and requires enterprises to employ labor in compliance with laws and regulations, actively perform the main responsibility of laborers, and accept new forms of employment that meet the labor relationship conditions, but do not fully meet the conditions of establishing labor relations, but the enterprise conducts labor management for laborers. Responsible for the protection of the rights and interests of the users.
If the platform enterprise adopts cooperative employment methods such as labor dispatch and outsourcing, it and the cooperative enterprise shall bear their respective employment responsibilities according to law.
If an enterprise employs labor in the name of a non-labor relationship, but conforms to the characteristics of the labor relationship, it shall assume corresponding responsibilities in accordance with the law.
Aiming at the shortcomings of the new employment forms of workers enjoying labor security and other public services, the "Implementation Opinions" put forward measures to improve the employment service system, optimize the handling of social insurance, strengthen vocational skills training, and improve working and living conditions.
The "Implementation Opinions" requires all districts and relevant departments to cooperate in promoting the protection of the rights and interests of workers in the new employment form, do a good job in policy publicity, give play to the representative role of trade union organizations, strengthen the service and protection of trade unions for workers in the new form of employment, and efficiently mediate conflicts and disputes in accordance with the law. Strengthen supervision, investigate and punish illegal acts in a timely manner, and earnestly safeguard the legitimate rights and interests of workers in new forms of employment.
It is reported that the Shanghai Municipal Bureau of Human Resources and Social Security will work closely with relevant departments to effectively implement the new policy on labor protection rights and interests of workers in new employment forms, and at the same time, solidly carry out special actions to steadily and prudently promote the protection of labor rights and interests of workers in new forms of employment in accordance with the law, and effectively safeguard the rights and interests of workers in new forms of employment. The rights and interests of workers in the new employment form, and promote the realization of higher-quality employment.
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