The youth economy said that there are more and more flexible employment, how to protect the rights and interests of the
takeaway rider's sudden death on the way of delivery triggers thinking
"The flexible employment driven by the platform economy has played a big role in the expansion of employment. Express delivery, food delivery, online car-hailing, etc. are typical representatives. To stabilize employment, ensure that the quality of employment does not decline and ensure that the rights and interests of workers are not infringed. Important. It is urgent to improve the system guarantee for flexible employment groups."
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"The 43-year-old takeaway died suddenly while delivering the meal. The platform said there was no labor relationship with the rider." The news app on the mobile phone pushed a piece of news to the takeaway rider Kang Meng (pseudonym).
He glanced at it, and before he could even click on it, another order came.
He had to deliver dozens of takeaway orders during the day, and he was constantly shuttled in the streets and alleys. He only had time to read this refreshing news at night.
Recently, the takeaway rider Han XX died suddenly while delivering the food to Ele.me. Because Han XX was a crowdsourced rider, the platform said that there was no labor relationship with him.
According to media reports, Han's labor security is an accident insurance of 1.06 yuan purchased at his own expense.
After that, Ele.me responded that it would increase the amount of protection for sudden death to 600,000 yuan, and continue to add special pensions under similar circumstances to the “Blue Knight Care Fund”. Before the implementation of the new insurance rules, Ele. Provide pensions.
Kang Meng's family saw the news and told him "Don't work hard, take a break if you can."
It's been more than a year since the delivery of food, Kang Meng felt for the first time that food delivery riders would be cared by so many people.
As a member of flexible employment, what he is most concerned about right now is whether there are other guarantees for delivery and express delivery in the future.
In 2020, the proportion of enterprises adopting flexible labor will increase by more than 11% year-on-year
Han's family believes that Han's accident occurred during working hours and at work, and it should be a work injury.
But the Ele.me platform believes that riders are registered as Ele.me’s riders through the "Hummingbird Crowdsourcing" App, and there is no labor relationship with the platform.
Hummingbird crowdsourcing is a food delivery platform under Shanghai Lazas Information Technology Co., Ltd., and Lazas is the operating company of the Ele.me platform.
The "User Agreement" of the "Hummingbird Crowdsourcing" app states: Hummingbird crowdsourcing only provides information matching services, and there is no labor/employment relationship between riders and Hummingbird crowdsourcing; Hummingbird crowdsourcing may be based on excellent service quality or other outstanding performance A financial reward is issued to the rider, but this kind of financial reward is not a salary and does not mean that the labor/employment relationship between the rider and the Hummingbird crowdsourcing is recognized.
In addition, the subject of the agreement with the user is the operator of the Hummingbird crowdsourcing platform, which is a third-party agent.
"According to the agreement, in principle, there is no labor relationship. However, the platform entrusts the delivery staff contracted by the crowd contractor to work. As Party A, they actually use the employees (the main body). The qualifications and requirements of the employees should be clearly defined. We also need to protect our basic rights and interests.” said Zhou Heran, founder of Beijing Jiefang Zhixiang Management Consulting Co., Ltd.
Zhou Heran has been deeply involved in the field of labor dispute resolution for many years. He told China Youth Daily and China Youth Daily that flexible employment forms such as takeaway riders, couriers, and online car-hailing drivers are very different from general employment, which leads to differences between workers and enterprises. It is difficult to make precise promises. Workers often do not know what rights and responsibilities they have, and do not know enough about the risks in flexible employment.
With the rapid development of the platform economy, flexible employment methods such as crowdsourcing and part-time employment have become more and more common.
According to the Blue Book of the "China Flexible Employment Development Report (2021)" issued by the School of Labor and Human Resources of Renmin University of China and the Renrui Talent and Social Science Literature Press, the proportion of flexible employment adopted by enterprises in 2020 will increase by more than 11% year-on-year to 55.68%; more than four Three-thirds of companies use flexible labor to "reduce labor costs."
Although the form of employment is flexible, the pace of work is not easy at all.
In 2020, the Beijing Yilian Labor Law Aid and Research Center launched a "Survey Report on the Protection of Labor Rights and Interests of Practitioners in New Business Forms" with online delivery personnel in Beijing as the main research body. The results showed that more than 95% of takeaway delivery personnel Daily working hours are more than 8 hours, of which 38.80% have 11-12 hours a day, and 28.08% have 12 hours or more.
Comparing the survey results of the previous year, the above-mentioned "Report" found that the working hours of food delivery workers continued to increase, and the proportion of food delivery workers who worked more than 11 hours a day increased to 64.8%.
In addition, 44.16% of takeaway delivery staff deliver more than 800 orders per month.
In recent years, there have been many deaths and injuries of delivery workers.
There are more than a dozen cases on the sudden death of a takeaway rider on the Chinese Judging Documents website.
From these precedents, it can be found that in judgments, some courts often conclude that there is no labor relationship between the food delivery platform and the delivery staff.
Xue Jun, deputy dean of the Law School of Peking University and director of the Research Center for E-commerce Law, believes that the current legal system lacks guarantees for flexible employment forms such as crowdsourced delivery workers, mainly in labor relations, "five insurances and one housing fund". "There is still a lack of mature legal basis."
Nearly half of the riders are born in the 90s, and flexible employment needs to be improved
Although the legal arrangements are still imperfect, flexible employment forms are accelerating, especially driven by the Internet platform economy, more and more young people choose flexible employment.
The "2020 Ele.me Blue Knight Survey Report" shows that 56% of riders have a second career.
Ele.me previously disclosed that there are about 3 million "blue riders" on the platform. The average age of riders is 31 years old. Among them, the post-90s riders account for 47%, and the post-95 riders have the fastest growth.
More than 20% of the service industry practitioners on the Ele.me platform all have their household income derived from the work of riders.
It is urgent to improve the system guarantee for the flexible employment group.
Zeng Xiangquan, a professor at the School of Labor and Human Resources of Renmin University of China and director of the China Employment Research Institute, pointed out that flexible employment driven by the platform economy has played a significant role in the expansion of employment. Express delivery, food delivery, and online car-hailing are more typical representatives. Stabilizing employment must also ensure that the quality of employment does not decline, and it is also very important to ensure that the rights and interests of workers are not violated.
Gao Xiaomei, member of the Standing Committee of the National Committee of the Chinese People's Political Consultative Conference and vice chairman of the National Revolutionary Committee of the People's Republic of China, once proposed to speed up the process of flexible employment legislation.
She believes that although the concept of flexible employment has appeared in government documents for about 20 years, it has not been fully incorporated into the scope of supervision by labor administrative departments, labor regulations and labor security cannot be followed, and it has become a high incidence of labor disputes.
Under the requirement of guaranteeing employment, the demand of flexible employment practitioners to enjoy social security has become more prominent, and it is necessary to speed up action, advance legislation, and establish guarantees.
Zeng Xiangquan called for the first to clarify the scale, structure and specific conditions of flexible employment, especially to distinguish between full-time and part-time. The protection provided by different situations is also different.
He believes that Internet platforms should not only release employment numbers, but also employment quality data.
At the government level, there must also be specialized agencies to collect relevant data and formulate corresponding policies accordingly.
"Platform employment is a product of the new economy, and the quality of employment should be better than before."
He also noticed that the flexible employment of the Internet platform economy often crosses regions, time, and some borders, and the goal of national coordination of social security is far from being achieved. Therefore, there are certain difficulties for local governments to solve the system guarantee for flexible employment. And obstacles.
Where do companies get insurance, how to pay for accidents... These issues need to be considered by the central government, especially the research on social security coordination and transfer payments.
In Xue Jun’s view, for flexible employment in the Internet platform economy, on the one hand, penetrating supervision should be used to consolidate the responsibilities of the platform party. “Don’t let the platform get away through layered subcontracting or the construction of a legal relationship. On the other hand, flexible employment should be included in the labor inspection or protection system, and a new type of employment relationship system guarantee system should be gradually established.
Can't rely solely on commercial insurance
In fact, some places have or are formulating new policies for the new employment relationship in the Internet platform economy.
For example, Jiangsu Wujiang, Taicang and other places, under the leadership of local governments, have established independent occupational injury protection through the operation of commercial insurance companies.
The Department of Human Resources and Social Security of Guangdong Province and other departments also issued the "Measures on the Participation of Work-related Injury Insurance for Workers Over the Legal Retirement Age and Other Specific Persons Engaged in Units", stipulating that employees of new business types should register and receive orders through the Internet platform, and provide online car-hailing, takeaway or For express services and other services, the platform company where it is located can voluntarily participate in work-related injury insurance and pay work-related injury insurance premiums for employees of new business types who have not established labor relations, and their insured persons enjoy work-related injury insurance benefits.
With the relative lack of social security and laws, commercial insurance has become the main guarantee for most flexible employment.
According to Ele.me’s response, in the current crowdsourcing service contract, the crowdsourcing knight will pay a service fee of 3 yuan before running the order, which will be collected by Ele.me’s platform. Eleme’s platform will pay another part of the fee and pay together. The human resource provider that the rider serves is entrusted to provide services such as labor management and safety protection for the crowdsourced rider, and it is agreed that the human resource provider will insure the rider for accident insurance.
According to media reports, the electronic insurance policy of the sudden death of the takeaway rider Han Moumou showed that the travel personal accident insurance premium he purchased was 1.06 yuan, the insurance period was 1 day, and the insurance compensation amount for the sudden death was 30,000 yuan.
In this regard, Ele.me said that it has paid attention to this problem and also believes that this insurance structure is not reasonable enough and is being optimized.
Zeng Xiangquan believes that commercial insurance can be used as a supplementary protection for flexible employment, but commercial insurance cannot completely solve problems such as work-related accidents.
Moreover, commercial insurance is paid voluntarily and is not compulsory. To make up for the existing protection shortcomings, it is necessary to speed up the formulation and promotion of social insurance policies.
After reading the online discussion, Kang Meng carefully read the insurance clauses in the takeaway crowdsourcing app for the first time. The 3 yuan premium in it is all his current protection.
As an ordinary takeaway rider, he has no time to delve into these terms.
Early the next morning, he rode the electric bike again and started a new job.
Compared with last year, the delivery time has been shortened, and the mobile phone is constantly urging him to speed up.
China Youth Daily and China Youth Daily reporter Wang Lin Source: China Youth Daily