(Two Sessions Express) Does the takeaway brother have a unit?

National People's Congress deputies propose to improve the protection of the rights and interests of "little buddies"

  China News Service, Beijing, March 9 (Guo Qiyu) At present, there are about 200 million domestic flexible employees, most of which are new employment forms relying on Internet platforms, such as takeaways, couriers, and online car-hailing drivers. Wait.

Do these "little buddies" have labor units?

Who holds the umbrella of rights and interests for them?

  Luo Weihong, deputy director of the National People's Congress, deputy director of the Hangzhou Municipal People's Congress Standing Committee, and chairman of the Hangzhou Municipal Committee of Jiusan Society, suggested in an interview with a reporter from Chinanews.com to coordinate the capabilities and resources of the competent departments, platform companies, contracted companies and social organizations to provide flexible employment groups. Build a systematic social rights protection system that is more flexible and more in line with practical needs.

  "Different from traditional employment methods, the new form of employment is a typical gig economy, characterized by flexibility, short-term nature, mobility, and non-contractuality. Workers also face difficulties in identifying labor relations, lack of social security, and difficulty in safeguarding their rights. "Luo Weihong said.

  According to relevant statistics, on average, only 26.53% of riders have signed labor contracts with food delivery platforms, and over 70% of riders do not enjoy basic social insurance such as pension, medical care, and work-related injuries paid by the platform. There are many pain points in rights protection.

Luo Weihong investigates the protection of the rights and interests of "little brother".

Photo courtesy of Hangzhou Municipal Committee of Jiu San Society

  In this regard, Luo Weihong believes that the "Guiding Opinions on Labor Security Rights and Interests of New Employment Forms" (hereinafter referred to as the "Guiding Opinions") issued by the Ministry of Human Resources and Social Security should be implemented first, and provinces and cities should be urged to formulate detailed rules to form executable, Practical rules and regulations.

  For example, the "Guiding Opinions" make more obligatory provisions on "platform enterprises", but the definition of "platform enterprises" itself is not clear.

At the same time, although it is clear that in some cases, platform companies need to bear "corresponding responsibilities" according to the law, but at the practical operation level, they often face situations such as unclear responsibility subjects and confusion in the division of responsibilities.

  "Therefore, it is recommended to moderately loosen the shackles of the system, and under the current judicial definition, determine the identity of the delivery boy as a 'class employee' of the delivery platform. By establishing a special occupational injury protection mechanism or developing special insurance types, provide them with multi-faceted rights and interests. Guarantee the bottom line." Luo Weihong said.

  In response to the problem of "unable to find rights protection objects" at the practical level, she proposed that the consumer portal platform enterprises should comprehensively sort out the information of upstream and downstream enterprises and practitioners, so that all kinds of relationships from the bottom to the top are "verifiable, traceable, and valid." Record".

  In addition, Luo Weihong found in the survey that some takeaway and express platform companies have added strict deduction and penalty mechanisms to the system algorithm based on their own interests, which objectively caused "involution".

  To this end, she suggested that the platform rules and algorithms should be regulated as necessary, and the opinions of trade unions and labor representatives should be fully listened to when formulating, so as to ensure the transparency and accountability of the algorithm, and break the vicious circle of spiraling rules and continuous exploitation of laborers.

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