news background
On January 7, at the press conference on "Promoting the Development of the Capital in the New Era" at the Fifth Session of the 15th Beijing Municipal People's Congress, Sun Fang, Deputy Director of the Beijing Municipal Service Bureau and spokesperson, introduced that "one question per month" in 2022 It will focus on 17 types of problems such as the installation of elevators in old buildings, the difficulty in handling real estate certificates, and the construction of centralized charging facilities for electric bicycles in residential areas. Among them, labor security issues for new employment forms are included.
In response to these problems, relevant departments will clarify key points and explore scene governance.
For example, regarding the issue of labor security for workers in new employment forms, it is planned to standardize platform employment and improve social security system measures such as occupational injuries, so as to fill the “vacuum” area of labor protection in new employment forms.
It has become an indisputable fact that the food delivery industry is urgent and the express delivery industry is tired.
It is reasonable and reasonable for customers to complain to the platform about related issues when the food is not delivered or the delivery is overtime; however, takeaway riders and courier brothers prefer to be "private", because once the platform is involved in complaints, they may be subject to inhumane "punishment", This also has many conflicts with customers.
The issue of labor security for workers in the new form of employment will be included in a monthly question in 2022.
How to reasonably formulate "rules of the game" from the perspective of protecting these new forms of employment, so that they can slow down their cars and provide standardized and high-quality services is indeed a difficult problem that needs to be solved.
Recently, our reporter approached workers in the new form of employment, observed the same takeaway complaint incident from multiple perspectives, and found the root cause of the problem.
client
Dozens of dollars to buy "five flavors"
On March 18, it was snowing, and when she came home from get off work, Ms. Li looked at the takeaway rider who passed by and felt very uncomfortable.
There are not many cars on the road at night, and these takeaway riders are even more eye-catching: there is snow on their bodies and cars, and it is difficult to walk on the slippery road.
When I got home, my sympathy couldn’t reach reality, so I still had to order takeout when I was hungry.
Unlike usual, Ms. Li chose the fast food restaurant closest to her home when she placed the order, and specially reminded takeaway riders to pay attention to safety in the remarks column and not to slip.
20 minutes have passed, and according to the weekdays, it is almost time for dinner, but today there is no movement.
The phone rang, and Ms. Li received a call from the takeaway rider Xiao Zhou: "Hello, there are a lot of orders today, and the food delivery is slow..." Before he could finish, Ms. Li quickly said, "It's okay, I understand, the road is not good. Go, slow down."
Nearly an hour later, the meal still hadn't arrived, and the phone rang again.
Ms. Li was very anxious to hear Xiao Zhou's tone. He said that her car was broken, and she was really sorry, and asked Ms. Li if she could discuss a refund with the merchant.
Ms. Li agreed, but she didn't know that the focus of Xiaozhou's call was not "refunding", but "discussing with merchants".
Ms. Li picked up her mobile phone and looked for refund options from the platform. A line of bold words clearly read "Please choose the real reason, so as not to affect the refund result."
So among several options, Ms. Li chose "The rider informs me that it cannot be delivered".
Just after sending it, Ms. Li received a call from Xiao Zhou again, her tone was even more urgent than before, and she even complained, "Sister, you can't choose this way, it's like complaining to me, I mean that you discuss with the merchant. , think of a reason to return the order!" After hearing Xiao Zhou say this, half of the sympathy and understanding in Ms. Li's heart just disappeared, "What do you mean? You mean that I can't refund the money through the platform, I have to find The businessman is making up a nonsense for you? Then what do you think I should tell the businessman?"
Xiao Zhou on the other end of the phone paused for a while, then quickly defended, "Sister, that's not what I meant, let's just wait a little longer, I'll take a taxi now, and I'll bring you the meal no matter what happens." When she came out with the true meaning of this sentence, Ms. Li was ambiguous, and even said it.
Ms. Li told reporters that she had encountered takeaway riders who could not deliver meals and sought private solutions before, and most of them were negotiating for the riders to lose money personally.
This time, Xiao Zhou had to take a taxi, but it made people confused: what is this for!
Thinking of the videos on various short video platforms, where takeaway riders sometimes conflict with customers, or manipulate meals, Ms. Li is even more uneasy.
rider
Inadvertent evaluation brings severe punishment
The same thing, in the eyes of takeaway riders, may be a completely different feeling.
"He has only been here for two months, and he is not very familiar with the business, but he is very diligent. He rides his bike idly on his shifts, so he is very familiar with the surrounding communities." This is the evaluation of Xiao Zhou from other colleagues at the site.
It snowed that day, and Xiao Zhou felt uncomfortable. He had already "carried" a complaint because of his mistake that day. He kept reminding himself that he must be careful in the following work.
The customer's order came in. Xiao Zhou went to the restaurant to pick up the meal. There were large and small parcels on the service counter of the restaurant. None of the check numbers belonged to him. He was like an ant on a hot pot, which made the waiter a little impatient. Call the customer to explain the situation.
Looking at the remarks of the order requesting slow travel, I recalled that when the customer called on the phone, he emphasized that he should slow down. When picking up the meal, Xiao Zhou hurriedly reminded the waiter to tie the bag tightly, especially for soup and drinks. "The customer reminded repeatedly, her The meaning should be that it is taboo to spill it, and if you spill it, you must complain to me." Ms. Li's concern reached Xiao Zhou, and her first reaction was to be afraid of complaining.
Accidents will happen.
Not long after departure, Xiao Zhou almost slipped.
After getting off the car to check the food and confirming that it was all right, he breathed a sigh of relief, but he couldn't walk when he got on the car again.
It turned out that the side slip just now caused the front wheel hub to deform a bit, and the brakes were locked.
On snowy days, there are many orders, and Ms. Li's orders are transferred to the "lobby", and no other takeaway riders can come to meet them, so I can only rely on myself.
After hesitating again and again, Xiao Zhou called Ms. Li to explain the situation.
Unexpectedly, because Ms. Li did not make it clear, the "rider notifies me that I could not be delivered" that Ms. Li clicked through the platform refund is the most terrible thing for the rider, which is equivalent to a service complaint.
Xiao Zhou felt a "heavy blow" - the monthly performance would be deducted 500 yuan, which is equivalent to a day and a half of hard work for a delivery rider.
Xiao Zhou had already complained that day, and in a hurry, he was out of proportion, and there was also a problem with his speech. He said that he had no other intentions, but really wanted to deliver the takeaway, and only asked the customer to withdraw the complaint against him.
"If there is a conflict with the customer, then I will be blacklisted in the entire industry. I will not ask for it in any company. How can I get angry with the customer."
behind the scenes
Unpredictable "reward and punishment organs"
The evaluation of takeaway riders and courier brothers will be sent to customers' mobile phones through various channels.
The cat food courier brother of nearly 100 kilograms moved to the 4th floor in one go. The customer Mr. Hu admired it very much and wanted to give the courier brother a good comment.
But Mr. Hu has spent most of his life in propaganda, not to mention his "life motto".
In the evaluation of the courier brother, Mr. Hu did not give five stars as usual. He thought that giving a four-star room would also better motivate young people to work.
As everyone knows, an evaluation lower than five stars is equivalent to a negative evaluation, and the courier brother is full of grievances.
"I'll just make a small suggestion." Mr. Wang called the takeaway platform, hoping that the takeaway rider would knock on the door softer next time, in case an old man with a bad heart in the family would be easily frightened.
Mr. Wang himself has no heart disease, he just said it in case, but after providing the delivery order number, the call has actually formed a service complaint.
Among workers in the new form of employment, service comes first, and the penalties for service complaints are very high.
One after another, is the problem reflected behind it just the customer's incomprehension and inconsideration of the new employment form?
The customer groups represented by Mr. Hu have reported that they understand the hardships of express delivery, takeaway and other industries very well, but as customers they do not know the "rules of the game" in this industry, let alone what kind of "rewards and punishments" a phone call or an option will trigger. organ".
"We chose an option to protect our own interests, but we didn't expect that the company would fine the courier brother with real money. In the end, the conflict was concentrated between the customer and the practitioner. We called and looked for the platform to solve the problem. , not looking for a punching bag."
reveal
"Private" has become a "double-edged sword" outside the rules
When reporters asked food delivery riders and courier guys about the "rules of the game", they heard a lot of their complaints, and many of them pointed in the same direction: when the company's regulations and customer requirements conflicted, they were very embarrassed and violated the The company stipulates that punishment is required, and customers do not listen to their words. Once there is a service complaint, there is a high probability of being fined.
Therefore, we have to deal with various practical problems through a lot of negotiation, "private" and other methods, commonly known as "break the wealth and avoid disasters".
"A customer was not at home, and he insisted that I throw the courier into the locked yard, which is not in compliance with the company's regulations, but I complained if I didn't do it. Later, the courier was thrown away, and I was responsible and compensated privately according to the price. It's a matter, otherwise the company will fine me, and I may be downgraded." A courier brother said helplessly.
According to a staff member of a top-class food delivery platform, taking the food delivery industry as an example, the general operating mechanism is to set up branch offices responsible for specific businesses in each city in addition to the head office. The docking is the service site.
When the platform receives a complaint, in addition to personal violations that seriously touch the bottom line of the industry, it is the company rather than the individual who is first affected by the performance score. The responsibility for deducting the performance score will also be linked to the site with the problem, and finally implemented to the individual. The deduction of individual performance bonuses is linked to this score.
The staff member pointed out that all relevant platforms are actively adjusting the reward and punishment mechanism for workers in the so-called new form of employment. The core is to reverse the situation of unlimited liability while ensuring services.
Whether it is in the food delivery industry or the express delivery industry, practitioners are under great pressure, so they do not act according to the requirements of the platform and the company when problems occur, and seek "private" with customers. The problem is that each platform is currently more concerned.
However, he also emphasized that the change of the reward and punishment mechanism requires a process, because the takeaway industry itself does not produce goods, and the core of its competition is service quality.
Relevant practitioners do not belong to low-income groups. In Beijing, an experienced takeaway driver and courier brother can earn more than 8,000 yuan per month. If the punishment for clear violations is too small, it will cause the problem of reduced service quality. .
"For example, a takeaway rider earns 8,000 yuan per month, and a 40 yuan takeout order is not delivered. The takeaway only pays 40 yuan to the customer through 'private'. There is no pressure. Lax service, if the entire industry cannot guarantee the quality of service, it will lose its foothold.”
Explore 1
Trade unions should have more say
Zhu Liang, a member of the Beijing Municipal Political Consultative Conference, put forward his opinions on whether the evaluation and reward and punishment mechanism of workers in the new employment form can be more humanized.
Zhu Liang believes that even if it is called a new employment form and conforms to market laws, the industry should be fully accepted by the society. The starting point of the change is to benefit the healthy development of the industry and the employment experience of employees.
Zhu Liang, for example, said that takeaway riders and courier brothers are often criticized for violating traffic laws, running lights, and running the wrong way. All kinds of illegal phenomena, and practitioners related to electric bicycles are key groups.
However, it should be noted that the behavior of these riders can be regarded as professional behavior, and the companies and platforms behind them are responsible.
For such a problem, you can't just use punishment, because no matter what level of punishment, the ultimate pressure is still on the practitioners.
All relevant departments should start from their own management functions, connect with the relevant platforms of the new employment form, and require adjustments to be made in terms of service standards and management methods to protect the life safety and basic rights and interests of employees.
"As for the rewards and punishments of practitioners, we must avoid 'single words'." Zhu Liang said, whether the rider's behavior is illegal, whether the situation is serious, it needs to be further classified and refined, so as to avoid various evaluation mechanisms for riders because of improving customer satisfaction Put on the "shackles".
The role of trade unions should be brought into full play, and trade union organizations should be fully covered in new business formats.
The trade union organization extensively collects various issues raised by customers and riders, and the human resources and social security department studies common problems in labor relations, and then negotiates with enterprises to formulate more reasonable rules, which is conducive to the healthy development of the industry.
It also balances the relationship between corporate efficiency and social fairness, so that riders can correct their mistakes, and at the same time get paid.
Explore 2
Let the law limit the algorithm
How should the rider's violations and mistakes be defined, and are there any degrees of punishment involved?
Qi Zheng, a lawyer from Beijing Hanhua Law Firm, believes that the division of responsibilities should avoid "one size fits all", improve the welfare of workers in the new employment form, and make good use of the legal enforcement platform.
Establish a negotiation and dialogue mechanism between workers in the new form of employment and the platform, allowing both parties to negotiate to formulate relatively fair and reasonable rules.
Since last year, many localities have issued normative documents on new forms of employment.
On July 16, 2021, eight departments including the Ministry of Human Resources and Social Security and the National Development and Reform Commission jointly issued the "Guiding Opinions on Safeguarding Labor Security Rights and Interests of Workers in New Employment Forms" (hereinafter referred to as the "Guiding Opinions"), which specifically mentioned When it comes, we must guide and urge enterprises to employ labor in compliance with laws and regulations, actively perform labor responsibilities, and stabilize the workforce; take the initiative to care for and care for workers, strive to improve working conditions, expand career development space, and gradually improve the level of protection of workers’ rights and interests; cultivate healthy and progressive enterprises culture, and promote workers to share the fruits of enterprise development.
Qi Zheng said that for the division of responsibilities to avoid "one size fits all", the "Guiding Opinions" also specifically mentioned that it is necessary to urge enterprises to formulate and revise platform entry and exit, order distribution, unit price per piece, commission ratio, remuneration composition and payment, working hours, rewards and punishments, etc. System rules and platform algorithms that directly involve labor rights and interests, fully listen to the opinions and suggestions of trade unions or labor representatives, publicize the results and inform laborers.
When a trade union or labor representative makes a request for consultation, the enterprise shall respond positively and provide necessary information and materials.
Guide enterprises to establish and improve the mechanism for workers' grievances to ensure that workers' grievances are responded to in a timely manner and handled objectively and fairly.
Chongqing, Shanghai, Shaanxi and other places have issued normative documents.
Qi Zheng said that from the perspective of economic benefits, the algorithm of the machine may be reasonable or even the optimal solution, but the algorithm is formulated by people, representing the idea of the maker, and serving the platform.
Let the law limit the algorithm, and let legal protection become the welfare of workers in the new form of employment.
This newspaper reporter Jing Yiming wrote and photographed