Zhongxin Finance, February 13th, according to the Shanghai Human Resources and Social Security Bureau on the 13th, recently, eight departments including the Shanghai Human Resources and Social Security Bureau jointly issued the "Implementation Opinions on Safeguarding Labor Security Rights and Interests of New Employment Forms" (hereinafter referred to as) "Implementation Opinions", which clearly prohibits the platform's strictest algorithm assessment.
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 the relevant platform enterprises will be the focus to carry out the pilot occupational injury protection of the flexible employment of the platform in this city.
The "Implementation Opinions" pointed out that if workers in the new employment form establish labor relations with enterprises, the enterprises shall conclude labor contracts with the workers in accordance with the law.
In accordance with the special provisions of the labor law on labor relations, enterprises that employ labor dispatch and other methods shall also conclude labor contracts with the laborers.
As for the main responsibilities of platform companies using third-party cooperative employment, the "Implementation Opinions" clarifies that platform companies should select companies with corresponding licenses or business qualifications for cooperation and supervise the protection of their workers' rights and interests.
If a platform enterprise employs labor dispatch methods, it shall abide by the relevant regulations on labor dispatch, and if any damage is caused to the dispatched workers, the labor dispatch unit and the platform enterprise shall be jointly and severally liable for compensation.
If the platform enterprise adopts other cooperative employment methods such as outsourcing, it shall urge the cooperative enterprise to employ labor according to the law and protect the relevant rights and interests of the laborers; the platform enterprise has faults such as failure to conduct timely and effective supervision, and failure to reasonably disclose the actual situation of the employer, resulting in damage to the rights and interests of laborers. , should bear the corresponding responsibility 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 according to law.
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