Workers with new forms of employment are prone to encounter "ceilings" at work, and often encounter difficulties in identifying labor-employment relations in terms of identity recognition——
[Let the rights and interests of workers in the new business "do not fail" ⑥] "Brother" looks forward to having a "name" for career development and rushing
Reporter Landhua
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Workers in new forms of employment generally face problems such as the "ceiling" encountered in career development and the difficulty in identifying labor-employment relationships.
The legal profession believes that platform companies provide skills training for workers and bear the corresponding training costs, which is a win-win situation.
In addition, it is necessary to further clarify the labor-employment relationship from the legal level. Only when the basic rights and interests of laborers are guaranteed and their career development has a rush, their social status and professional dignity will be improved.
In February 2020, "online delivery person" officially became a new profession and was included in the National Occupation Classification Ceremony, and the familiar "takeaway brother" has since then been given a new name.
Since then, some workers with new employment forms have gradually gained "names."
From "Takeaway Brother" to "Online Delivery Service", behind the change in appellation reflects the society's recognition of new employment forms of workers and the progress of the times.
At the same time, workers in new forms of employment are also generally faced with problems such as the "ceiling" in career development and the difficulty in identifying labor relations.
Under the new business format and new employment methods, how to ensure the basic rights and interests of new employment forms of laborers and the rush of career development has become a new proposition.
The platform actively bears training costs is a win-win situation
On April 27th, the 2021 celebration of the "May 1st" International Labor Day and the theme of "Making meritorious service in the 14th Five-Year Plan, forging ahead in a new journey" theme labor and skills competition mobilization meeting was held in Beijing.
The representative of the award-winning workers of the new employment form, among the winners of the National May 1st Labor Medal, there is a "brother express delivery" and a "brother takeaway".
"Brother Express" Guan Liping is a driver of Shentong Express Co., Ltd. for many years, and "Brother" Song Zengguang" is the training specialist of Ele.me Shanghai.
Song Zengguang told reporters that in October 2014, he entered the food delivery industry. From “only received 3 orders on the first day” to the training specialist responsible for the training of new riders in the entire Shanghai area, he experienced a lot of training.
"Rider-Captain-Station Leader-City Manager", this is Song Zengguang's career development path.
In this industry that many people think can only "make quick money" and eat "youth meal", Song Zengguang stands out and breaks the "ceiling" of career development.
He said that through job skill training and promotion, the career development of "Takeaway Brother" is not "seeing no hope."
In the labor-management game, outsourcing risks and reducing labor costs to the greatest possible extent is a rational choice for platform companies.
However, in the view of Ji Wenwen, an associate professor at the China Institute of Labor Relations, platform companies provide workers with skills training that meets the job requirements and are willing to take the initiative to bear the corresponding training costs. This is a healthy and sustainable employment model and a win-win situation.
"Such skills training can be done by platform companies in a short time, and the input cost is not high." Ji Wenwen said.
The reporter learned that at present, the two major takeaway platforms, Meituan and Ele.me, both provide online courses for online delivery personnel, and provide professional skills training for "Takeaway Brothers".
Policy "red envelopes" are frequently issued from the country to the locality
In recent years, policy "red envelopes" have been frequently issued from the state to the local level with regard to the protection of the rights and interests of workers in new forms of employment.
In 2019, the "Guiding Opinions of the General Office of the State Council on Promoting the Standardized and Healthy Development of Platform Economy" pointed out that the vocational skills training for platform practitioners should be strengthened and included in the vocational skill improvement action.
At the end of July 2021, the Ministry of Human Resources and Social Security, the National Development and Reform Commission and other eight ministries and commissions jointly issued the "Guiding Opinions on Maintaining the Labor Security Rights and Interests of Workers in New Employment Forms" to protect the legitimate rights and interests of workers in new employment forms.
At the local level, starting from 2019, Tianjin Municipal Bureau of Human Resources and Social Security will include the express engineering specialty in the city's job title review scope.
In September of the same year, Lu Xiwen, an employee of SF Express, received the first junior title certificate.
After Gansu issued the "Evaluation Criteria for Professional Titles of Express Delivery Engineering in Gansu Province" in 2019, many people obtained the corresponding professional titles of "Express Engineering".
In addition, Beijing, Shanghai, Zhejiang and other places have also issued relevant policies.
Xie Ming, the "brother express delivery" in Ningbo, was in a good mood this year. In February, he successfully obtained the title of professional engineer of express delivery engineering.
"This is an honor, but also an incentive. It is not only a recognition of my personal ability, but also a recognition of the professional skills of our express industry by the society." Xie Ming said with emotion.
"The job title evaluation is not only a manifestation of the high-quality development of the express delivery industry, but also can encourage the continuous growth of the'Express Little Brother', gradually enhance the personal core competitiveness, and achieve long-term career development." said Fu Zhifang, the person in charge of Ningbo SF Express.
In recent years, trade union organizations at all levels have taken active actions to protect the rights and interests of workers in new forms of employment.
The All-China Federation of Trade Unions continues to focus on the membership of eight groups including truck drivers, couriers, caregivers, housekeeping attendants, shopping mall information staff, online meal delivery staff, real estate agents, and security guards, to achieve a high rate of corporate establishment and employee membership. Great improvement.
As a new business enterprise, on August 30 this year, the JD Group Labor Union was formally established.
Lawyer Wang Enhui, director of Sichuan Weixu Law Firm, believes that by joining a trade union organization and negotiating with platform companies through collective negotiation, workers in new forms of employment can help maintain the lawfulness of workers’ interest expression mechanisms. rights and interests.
Guan Liping, the winner of the National May 1st Labor Medal this year, said that more and more "courier brothers" and "delivery brothers" like him have stepped onto the national podium, making him feel the professional honor of being a courier practitioner. feel.
"Such honor itself represents the recognition and respect of our work by the country and society." He said.
Only when the law is perfected can workers straighten their backs
According to Lawyer Yao Junchang, a partner of Beijing Weiheng Law Firm, whether it is professional dignity, career development, or protection of rights and interests, whether the many problems currently faced by workers with new forms of employment can be resolved depends largely on the legislative measures against them. Whether the guarantee is in place.
"Specifically, what is the legal relationship between platforms and labor companies, and between practitioners and platforms?" Yao Junchang believes that under the original legal framework, the protection of the rights and interests of new employment forms is very complicated.
According to research conducted by Hu Lei, an associate professor at the School of Political Science, National Defense University, one of the key problems behind the high turnover rate of platform economy practitioners is that the platform economy itself is a form of employment that is "de-labor relations."
According to Hu Lei's analysis, "de-labor relations" includes de-contracted employment, de-employer employment, and concealed facts about labor relations, etc. The essence is to remove the constraints of labor and employment.
Yao Junchang told reporters: “Judging from the existing labor rights protection cases in the field of new employment forms, labor relations are still identified based on the three elements of traditional labor relations. But with the development of new forms of business, can we still use the original machinery? The legal provisions of the new employment methods are open for discussion.” He believes that in the face of the complexity and change of new employment methods, relevant labor laws and regulations should also be adjusted and improved accordingly, or relevant judicial interpretations should be issued to further clarify the labor employment relationship. The "identity" of the employment pattern provides a legal basis.
"When the legal supporting facilities keep up, workers will stand up, and the platform will pay more attention to regulating labor and avoid legal risks." Yao Junchang said, "Only when the basic rights and interests of workers are guaranteed, and career development can be achieved, their Only then will the social status and professional dignity be improved, and it will be possible to work more decently."