[Let the high temperature labor protection better care for workers ①] How does the "green shade" of the high temperature allowance cover the takeaway brother?

　　Relevant experts suggest that incentive measures cannot replace statutory allowances. In extreme high temperature weather, the dispatching mechanism should be optimized to reduce the work intensity of riders

　　Our reporter Chen Xichehui

　　"Workers Daily" (July 04, 2022 Edition 06)

　　Since mid-June, my country has ushered in the largest and most intense high-temperature weather this year.

In recent years, in addition to groups such as outdoor workers, workers in new forms of employment such as takeaway brothers and courier brothers, as well as front-line personnel in epidemic prevention, have also faced high-temperature "baking" tests.

How can the "green shade" of high temperature allowances and heatstroke prevention and cooling measures better cover these new groups?

The distribution standards and time periods of high-temperature allowances, and how can high-temperature labor protection products keep pace with the times, adapt to new situations, and meet the new needs of workers?

This edition launches a series of reports, "Making High-Temperature Labor Protection Better Care for Workers", focusing on new groups, new phenomena, and new problems faced by high-temperature labor protection, exploring improvements in keeping with the times and strengthening the protection of workers under high temperature.

stay tuned.

--editor

　　In the past few days, the "stove" mode has been opened in many places across the country, and the delivery boys running on the road have been "baked".

Especially during the high temperature period in the afternoon, which was the peak meal time, they had to "run" against the scorching sun.

　　According to the "Administrative Measures for Heatstroke Prevention and Cooling Measures", if an employer arranges workers to engage in outdoor work in high temperature weather above 35 degrees Celsius, a high temperature allowance shall be paid to the worker and included in the total wages.

So, can the takeaway buddies receive this allowance?

　　The reporter interviewed and found that because the delivery riders belong to the new form of employment, they are divided into various forms of employment such as special delivery and crowdsourcing. The situation is more complicated.

　　Contracted riders and crowdsourced riders receive different high-temperature treatments

　　At 2 pm on June 24, the temperature in Beijing reached as high as 36 degrees Celsius.

Towels, ice sleeves, trousers... The reporter saw at the entrance of a food court in Dongcheng District, Beijing, that the delivery staff who came to pick up the food were "fully armed".

While waiting for the meal, Sun Qian, the takeaway rider, took off his helmet and wiped the sweat off his face. Sweat stains were already visible on his T-shirt, and his face was tanned.

　　According to the relevant regulations of Beijing, the payment standard of high temperature allowance for open-air workers is not less than 180 yuan per month, and the period is from June to September.

However, the reporter asked more than 10 riders on various platforms in Beijing, and they all "haven't heard of high temperature allowance".

　　Riders are more familiar with the weather allowance introduced by the platform.

　　Sun Qian said that since June, the platform will subsidize the delivery fee of 0.5 yuan per order from time to time.

The reporter saw on his order receiving interface that in the past two days, he has sent more than 120 orders in total, and 8 orders received weather subsidies, mostly during the high temperature period at noon.

　　During the interview, the reporter learned that in some places, the agents of the food delivery platform will provide high temperature allowances for the contracted riders, but most of the crowdsourcing riders do not.

　　Zhang Mian, a food delivery rider in Quzhou, Zhejiang, told reporters that local food delivery platform agents will provide high-temperature allowances to contracted riders. The standard is 6 yuan per day from July to September. Crowdsourcing riders do not enjoy this treatment.

At present, the standard of outdoor high temperature allowance in Zhejiang Province is 300 yuan per month, and the payment period is from June to September.

　　Du Yang, a delivery boy from Dongguan, Guangdong, was previously a special delivery rider signed by the platform. Generally, he can receive a high temperature allowance of about 400 yuan throughout the summer.

At present, the payment standard of Guangdong high temperature allowance is 300 yuan per month or 13.8 yuan per day.

　　This year, after Du Yang turned to be a crowd-sourced rider, there is no high temperature allowance.

He said that occasionally there will be "weather care", "strong winds, rain, extreme heat, and sometimes there are subsidies ranging from 0.5 yuan to 2 yuan per order".

　　A relevant person in charge of a food delivery platform told reporters that overall, the distribution of high temperature allowances for food delivery riders is relatively complicated, and the platform is also being explored.

At present, in some places, regardless of the special delivery or crowdsourcing, the riders will be subsidized according to the weather conditions and odd numbers. In some areas where the rider team is relatively fixed, the agent will directly distribute the subsidy to the salary card of the contracted rider according to the site situation. inside.

　　During the interview, the reporter found that the platform site will distribute ice sleeves, magic sweat towels, watermelons and other cool materials for takeaway riders, and the site's medicine box is also "new" with antidiarrheal and heatstroke prevention functional drugs.

　　Noon is the hottest, and it is also the peak of taking redemption rewards

　　In order to avoid the difficulty of dispatching orders in high temperature weather, some platform agents will launch various summer order redemption encouragement activities during the high temperature period, and set up step-by-step rewards based on online time, attendance days, and accumulated orders to mobilize the enthusiasm of riders to run orders.

　　Zhang Mian told reporters that his site generally starts the "Summer Campaign" every July for a period of three months.

Judging from last year's situation, the event rewards are divided into 3 levels: 1,000 orders are completed, and each order is rewarded with 0.1 yuan; 1,500 orders are completed, and each order is rewarded with 0.2 yuan; after 2,100 orders are completed, each order is rewarded with 0.3 yuan.

　　This means that Zhang Mian can receive more than 600 yuan in rewards in the past 3 months if he gets all the summer redemption rewards.

However, in order to get the order redemption reward, there are still two preconditions: attendance at least 27 days per month, and online for no less than 8 hours per day.

　　Zhang Mian said that the reward for redemption is set up by the platform agents themselves. "Even in the same place, the activity rules of each site are different."

　　"Beijing's order redemption activities are set according to the type of rider." Sun Qian told reporters that crowdsourcing riders are divided into three types: Happy Running, Smooth Running and Same City.

　　As a special delivery rider, Sun Qian wants to get rewards and has to make orders during the two-and-a-half-hour afternoon peak every day.

　　According to him, the order redemption campaign lasts for 8 weeks and is only for 11:00 noon to 1:30 pm.

The system will flexibly adjust the order volume requirements and points for each week according to the platform order volume at the same time period in previous years.

"The full score is more than 3,000 yuan, but most people can only get a few hundred yuan."

　　"Noon peak has the most orders and is also the hottest. Riding a bike under the sun often causes prickly heat." Despite this, in order to get more rewards, Sun Qian chose to fight in the afternoon peak, "I carry wind oil with me. Jing, sometimes I can't stand it anymore, so I go home to rest in the afternoon."

　　Incentives are not a substitute for statutory allowances

　　According to the policy, the high temperature allowance is a wage compensation for the extra labor consumption of workers under high temperature conditions.

So, can weather subsidies and order redemption rewards replace high temperature allowances?

　　Xie Yanping, founding partner of Beijing Zhuopu Law Firm, said that enterprises must pay high temperature allowances in full and in a timely manner in accordance with local regulations, which can be higher than local standards, but cannot be offset in other ways, or replace statutory allowances with conditional incentives .

However, Xie Yanping emphasized that companies should be encouraged to give workers flexible incentives above the labor benchmark of high temperature allowances.

　　"Whether the delivery boy can get the high temperature allowance depends on the ownership of his labor relationship." Li Lingyun, an associate professor at the School of Economics and Law of East China University of Political Science and Law, analyzed that if the rider has a labor relationship with the platform or outsourcing company, then the payment of the high temperature allowance is the legal requirement of the employer. obligation.

　　So, how should crowdsourced riders with more flexible employment methods enjoy the heat allowance?

　　Li Lingyun suggested that the scope of application of labor standards should be expanded, no longer stick to the identification of labor relations, nor distinguish between traditional and new labor relations, so that all delivery workers can enjoy high-temperature allowances.

At present, the state has included the basic labor standards law in the legislative plan.

　　"Workers in new employment forms such as takeaways and couriers are mostly paid on a piece rate, so it is more reasonable to include high temperature allowances in the unit price of each order." Li Lingyun analyzed that a reasonable labor quota can be determined first. Then refer to the local high temperature allowance standard to calculate the high temperature allowance that should be included in each order, and the high temperature allowance standard of the industry can also be determined through collective negotiation.

　　"The high temperature allowance is only an economic compensation for workers. Enterprises should also take measures to prevent heatstroke and reduce the temperature to improve the working environment of the takeaways." Xie Yanping said that on the one hand, it is necessary to provide rest places such as caring stations for riders, and distribute summer heat relief supplies, on the other hand On the one hand, in extremely high temperature weather, the dispatching mechanism should be optimized, manpower should be allocated reasonably, the work intensity of riders should be reduced, and wages should be appropriately increased, and the incentive mechanism should not be abused to damage the legitimate rights and interests of workers.

　　A relevant person in charge of a food delivery platform told reporters that in terms of algorithms, it will fully consider incorporating special weather factors into the overall rule system and allocate capacity reasonably.

From the perspective of social responsibility and bottom line responsibility, the platform will also urge service sites to take practical measures to ensure the safety and health of riders.

"We are also exploring how to reasonably distribute high temperature allowances, and look forward to jointly promoting the introduction of reasonable, precise, scientific and practical measures to avoid one-size-fits-all."

　　(Some respondents are pseudonyms)