China News Service, February 23. According to the website of the Ministry of Human Resources and Social Security, the General Office of the Ministry of Human Resources and Social Security issued the "Guidelines for the Protection of Labor and Remuneration Rights and Interests of Workers in the New Employment Form", "Guidelines for the Publicity of Labor Rules for Workers in the New Employment Form" and " Guidelines for Protection of Workers’ Rights and Interests in New Employment Forms (hereinafter referred to as the two guidelines and one guide).
To guide enterprises to standardize employment and workers in new forms of employment to protect their rights in accordance with the law.
The person in charge of the relevant departments and bureaus of the Ministry of Human Resources and Social Security introduced that the "Guidelines for the Protection of Rest and Remuneration Rights and Interests of Workers in New Employment Forms" and "Guidelines for the Disclosure of Labor Rules for Workers in New Employment Formations" are applicable to online acceptance of distribution, travel, and other services published by Internet platforms. Workers in a new form of employment who provide platform online booking services in accordance with platform requirements for transportation, housekeeping services and other work tasks, and obtain labor remuneration through labor.
Among them, the "Guidelines for the Protection of Rest and Remuneration Rights and Interests of Workers in New Employment Forms" are not applicable to workers in new employment forms who rely on Internet platforms to carry out business activities completely independently.
These two guidelines are for platform companies and platform employment cooperative companies to refer to when managing labor and employment.
The "Service Guidelines for Protection of Rights and Interests of Workers in New Employment Forms" applies to all workers in new employment forms, but this guideline does not apply to commercial disputes involving new employment forms.
The guide is not only for workers in new employment forms to refer to when safeguarding their labor rights and interests in accordance with the law, but also for government administrative departments, courts, trade unions, enterprise representative organizations, platform companies, etc. to improve and optimize the rights protection services for workers in new employment forms.
According to reports, the "Guidelines for the Protection of Workers' Rights and Interests in Rest and Remuneration in New Employment Formations" have four chapters and 14 articles.
Chapter 1 "General Provisions" clarifies the purpose and scope of application of the guidelines.
Chapter 2 "Working Hours and Rest" focuses on the employment characteristics of the new employment form and proposes methods for calculating working hours and rest breaks for workers in the new employment form.
It is clear that working hours are based on the cumulative order-taking time for workers to complete all orders, and appropriate consideration must be given to workers' necessary online waiting for orders, service preparation, physiological needs and other factors.
It is clear that the enterprise negotiates with the labor union or labor representatives of the new employment form to reasonably determine the maximum continuous order-taking time and the maximum daily working hours for employees.
When workers' working hours reach the upper limit, the system should push rest reminders and stop pushing orders for a certain period of time to ensure that workers get necessary rest time and prevent workers from overworking.
Chapter 3 "Labor Remuneration" proposes that enterprises and labor unions or workers' representatives of new employment forms negotiate on an equal footing to formulate labor remuneration rules.
It is clarified that workers with new forms of employment who do not fully comply with the situation of establishing labor relations but where the enterprise performs labor management on workers shall apply the hourly minimum wage standards stipulated by the people's government of the place where the workers actually work.
The labor remuneration paid by the enterprise to workers in the new employment form who work on legal holidays should be higher than the labor remuneration during normal working hours, and the labor remuneration should be paid in the form of currency to the new employment form workers in full and on time, etc.
Chapter 4 "Supplementary Provisions" mainly emphasizes that the rest and minimum wage standards for workers in new forms of employment that comply with the establishment of labor relations must comply with the provisions of current labor laws and regulations, and that individuals rely on Internet platforms to carry out business activities completely independently. Not applicable the guidelines.
There are 8 articles in the "Guidelines for the Disclosure of Labor Rules for Workers in New Employment Forms".
The main contents are: First, it clarifies the principles that platform companies should follow when formulating and revising labor rules, namely legality and regulation, fairness and justice, transparency and interpretability, scientific and reasonable, good faith, and the implementation of democratic procedures in accordance with the law.
The second is to clarify the connotation of labor rules, including order allocation, remuneration and payment, working hours and rest, occupational health and safety, service specifications and other rules and regulations directly related to the basic rights and interests of workers, standard contract terms, algorithm rules and their operation Mechanism etc.
Third, it is clarified that the platform enterprise system and revision of labor rules must openly solicit opinions from workers, fully listen to the opinions and suggestions of trade unions or labor representatives, and announce them to workers at least seven days in advance before finalizing their implementation.
Fourth, it is clarified that platform companies must continuously publicize relevant content in clear and easy-to-understand language in prominent locations such as applications, truly and accurately, to ensure that workers can easily view the complete content at any time, and to provide channels for feedback on relevant opinions and suggestions.
The "Service Guide for the Protection of Workers' Rights and Interests in New Employment Forms" has five chapters and 22 articles.
Chapter 1 "General Provisions" clarifies the purpose and scope of application of the Guidelines.
Chapter 2 "Internal Labor Dispute Resolution Mechanism of Enterprises" guides enterprises to establish and improve a normalized communication mechanism with workers in new employment forms and a complaint mechanism for workers in new employment forms, encourages the establishment of enterprise labor dispute mediation committees, and clarifies the definition of workers in new employment forms. A channel for resolving conflicts and disputes within the enterprise.
Chapter 3 "Trade Union Rights Protection Services" emphasizes that trade unions actively recruit workers in new employment forms to join the union, supervise enterprises' performance of employment responsibilities, promote platform companies to establish normalized communication and negotiation mechanisms, and provide legal aid to workers in new employment forms, etc. Serve.
Chapter 4 "Services for Protection of Rights and Interests of Relevant Departments and Institutions" guides workers in new forms of employment to safeguard their rights and interests through statutory rights protection service channels such as labor dispute mediation and arbitration, labor security supervision, judicial litigation, and legal aid, and encourages local governments to explore and innovate new forms of employment. Dispute mediation mechanism and establish a "one-stop" dispute mediation agency for new employment forms.
Chapter 5 "Supplementary Provisions" clarifies that these Guidelines do not apply to commercial disputes involving new forms of employment.
Workers in the new employment form should reasonably express their demands in accordance with the law when safeguarding their labor rights and interests, and must not adopt illegal or extreme forms. They can protect their legitimate rights and interests in the following ways: First, through the internal communication channels set up by platform enterprises or platform employment cooperative enterprises, Complaint mechanisms, dispute mediation agencies, etc., negotiate with enterprises to resolve relevant issues.
The second is to request support and help from the labor union or local labor union.
Third, if you are unable to resolve the relevant issues through negotiation with the enterprise or are unwilling to resolve the relevant issues through negotiation with the enterprise, you can apply for mediation to the People's Mediation Committee and various professional labor dispute mediation organizations at all levels.
Fourth, if you are unwilling to mediate, or if mediation fails, and it falls within the scope of labor dispute arbitration, you can apply for arbitration to the labor and personnel dispute arbitration institution at the actual place of work; if it does not meet the scope of labor dispute arbitration, you can apply to the labor dispute arbitration agency in accordance with the relevant provisions of civil litigation. The people's court with jurisdiction shall prosecute.
If workers in the new employment form apply for labor dispute arbitration or file a lawsuit with the People's Court, they can apply for legal aid and other services from the trade union organization.
Those who meet the conditions for legal aid can also apply for legal aid services from the nearest legal aid agency.
Fifth, for matters that are within the scope of labor and social security supervision, complaints can be reported to the labor and social security supervision agency.
(China News Finance)