Once a user complains to a bad review, the platform will be fined and points, but the appeal is difficult to succeed.
Workers in the new form of employment speak out—— [Let the rights and interests of workers in the new form of business “not fail” ⑤] We have encountered a “dilemma of appeals”
Reporter Landhua
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Many online ride-hailing drivers, takeaway brothers, courier brothers and other new employment types of workers report that they will receive unreasonable complaints from some customers, and the platform will make “involuntary” punishments for this, but it is difficult for them to complain successfully. chance.
A few days ago, the All-China Federation of Trade Unions issued opinions, pointing out that it is necessary to explore ways and means for platform enterprises to implement democratic management, to build channels for workers to express their reasonable interests in a rational and orderly manner, and to protect workers’ right to know, participate, and participate in important matters involving vital interests. Right of expression.
At around 18 o'clock, after preparing a meal for his family, Mr. Xu started his part-time job at night-as an online car-hailing driver.
In the past three or four years as a part-time online ride-hailing driver in Beijing, he has not been fined once for traffic violations. What really troubles him is the "unreasonable complaints" of some passengers and the punishment of "involuntary" by the platform.
During the interview, many online ride-hailing drivers, takeaway brothers, express delivery brothers and other new employment types of workers told reporters that they had been "two-headed" by platforms and customers.
In the face of unreasonable complaints from some customers and fines from the platform, they encountered a "dilemma of appeal."
"We look forward to a more reasonable mechanism for expressing appeals so that our voices can be heard." Mr. Xu said in his heart.
"Being bad reviews and fined is commonplace"
Faced with customer complaints, Mr. Xu once felt aggrieved and angry.
One night, he received a 6.5-kilometer job through the online car-hailing platform, but only when he arrived at the scene did he discover that the location of the passengers was quite different from their actual location.
"The positioning on the platform shows that the passenger is on the bridge, but after the phone call, she is actually under the bridge." In order to receive the passengers smoothly, Mr. Xu bypassed the bridge to the actual location of the passengers, but the problem came again.
"According to the navigation display, there is an intersection not far ahead that can be merged into the main road, but passengers standing behind the entrance can only receive people after they miss the intersection." After receiving the passengers, Mr. Xu had already missed the recent You can only detour to find a new intersection to merge into the main road.
Trouble arises.
"After the order was over, I received a call from customer service, saying that the passengers complained about my detour. I was very angry at the time. The total was only 6.5 kilometers. The extra money earned by the detour was not enough for gas." Mr. Xu was frustrated and complained repeatedly. In the end, he was fined and deducted points.
According to Mr. Xu’s recall, the customer service replied at the time: “If the passenger is behind the intersection, you should get off the car and take a photo for evidence, and then continue to drive forward.” This made Mr. Xu very incomprehensible.
"Being bad reviews and fined is commonplace," said Wang Xiaodong, who has been a food delivery rider for nearly four years.
Wang Xiaodong told reporters that almost all of the takeaway riders around him have been given bad reviews.
The most common reasons for bad reviews are "overtime delivery", "bad attitude" and so on.
"Especially on a rainy day, every time the peak meal period comes, it is the peak when we are given bad reviews." Wang Xiaodong said, "Many times the delivery time is due to slow meals in the restaurant, and sometimes because of road conditions, such as encounters. When there are traffic accidents or road congestion, sometimes some buildings are not allowed to enter, and users do not go downstairs. They ask me to deliver them to the door, or give me bad reviews if they fail to deliver them."
Wang Xiaodong said that on his food delivery platform, food delivery riders will be deducted 100 yuan for each bad review, and almost no one has successfully complained. "There are some users who give bad reviews for no reason. Where does this make sense? "
"We have been complained but it is difficult to have the opportunity to appeal. A single meal delivery fee of a few yuan is far more than the fine. The key is that if the points are deducted, the level will also be affected." Takeaway rider Zhang Guohong told reporters that the takeaway rider wants more. It’s very important to increase the level of the assigned order, but bad reviews and penalties are obstacles to the increase of the level, which directly affect the system’s dispatch to the rider.
In interviews with reporters, many practitioners of the new employment pattern said that if they want to work and earn money, they must accept the "rules of the game" set by the platform, otherwise they can only leave by themselves.
Channels for expressing appeals can be unblocked through collective negotiation
Statistics show that the number of flexible employees in my country has reached 200 million, and the number of workers in new forms of employment has increased significantly.
In 2020, the number of sharing economy service providers will reach 84 million, of which a large number are workers in new forms of employment.
Complaints and bad reviews will be fined and the points will be fined. The appeals are difficult to be successful, and the penalties are escrowed. The channels for expressing the legitimate rights and reasonable demands of workers in the new employment form are also "obstructed."
Lawyer Wang Enhui, director of Sichuan Weixu Law Firm, said in an interview with a reporter from Workers’ Daily that the platform serves as a provider of employment opportunities and at the same time as the “arbitrator” between platform economic practitioners and users, and its “third party” The identity is questionable.
"Because the platform cannot be a completely neutral third party."
Wang Enhui said that to unblock the channels for expressing appeals for workers in new forms of employment, it can be through collective negotiation. "The Trade Union Law provides for a collective negotiation system, where trade unions represent practitioners in new forms of employment to discuss remuneration, labor protection and other issues with employers."
Wang Enhui further explained that collective negotiation is divided into three situations. One is that the company's labor union conducts collective negotiation on behalf of employees and the company; the other two are industry-based collective negotiation and regional collective negotiation.
After the collective negotiation is completed, a collective contract can be concluded with corresponding provisions.
"Workers with new forms of employment can sign collective contracts with the platform through collective negotiation to ensure the fairness of the rules formulated by the platform." Wang Enhui said.
Guarantee workers' right to know, right to participate, right to express
Sun Weizheng, a scholar at the China Institute of Labor Relations, published an article in the Workers’ Daily a few days ago. He believes that to solve the outstanding problems of workers in new forms of employment through multiple channels, we must first unblock collective consultation channels, and take collective consultation as a promotion based on the specific conditions of different industries and different enterprises. The basic way to improve the working conditions of workers in new forms of employment and safeguard their labor rights and interests.
Secondly, break the platform unilaterally formulating rules and agreements, monopolizing algorithms, and infringing on the legitimate rights and interests of workers, promote the orderly participation of workers in the formulation of rules and regulations and algorithms, and unblock the channels for dispute resolution between the two parties.
In July of this year, the All-China Federation of Trade Unions and the Ministry of Human Resources and Social Security and other eight departments jointly formulated the "Guiding Opinions on Maintaining the Labor Security Rights and Interests of Workers in New Employment Forms"; "Opinions", from seven aspects to promote the establishment and improvement of new employment forms of labor rights protection mechanism to formulate work measures.
A few days ago, the All-China Federation of Trade Unions issued the "Several Opinions on Promoting the Work of Enrolling Workers with New Employment Forms (for Trial Implementation)" (hereinafter referred to as the "Opinions").
Relevant persons in charge of the All-China Federation of Trade Unions mentioned in answering reporters’ questions about the "Opinions", “We must explore ways and means for platform enterprises to implement democratic management, pay attention to the role of trade unions in industries and industries, and guide platform enterprises and workers in terms of labor remuneration, rewards and punishments, Negotiations on working hours, labor quotas, etc., to build channels for workers to express their reasonable interests in a rational and orderly manner, to protect workers' right to know, participate, and express rights to important matters involving vital interests, and strengthen the enforcement of labor laws on platform companies Effective supervision of regulations."
The reporter learned that, at present, the establishment of new employment forms of laborers has achieved initial results. 12 leading enterprises in 4 key industries, including freight, express delivery, online car-hailing, and takeaway distribution, have achieved breakthroughs in the establishment of the association.